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^OV   6    1914 


The  following  Constitutional  Amendment,  Laws  and  Measures 
are  submitted  to  the  electors  of  this  state  at  the  next  general  elec- 
tion, to  be  held  on  the  4th  day  of  November,  191 2 : 


CONSTITUTIONAL  AMENDMENT 


One 

That  Section  2  of  Article  XI  of  the  Constitution  of  the  State  of 
South  Dakota  be  amended  so  as  to  read  as  follows: 

§  2.  All  taxes  shall  be  uniform  on  all  property  and  shall  be  levied 
and  collected  for  public  purposes  only.  The  value  of  each  subject  of 
taxation  shall  be  so  fixed  in  money  that  every  person  and  corporation 
shall  pay  a  tax  in  proportion  to  the  value  of  his,  her  or  its  property. 
Franchises  and  licenses  to  do  business  in  the  state,  gross  earnings  and 
net  income,  shall  be  considered  in  taxing  corporations  and  the  power 
to  tax  corporate  laoi-erty  shall  not,  be  surrendered  or  suspended  by 
any  contract  or  grant  to  which  the  state  shall  be  a  party.  The  legis- 
lature shall  provide  by  general  law  for  the  assessing  and  levying  of 
taxes  on  all  corporate  property,  as  near  as  may  be  by  the  same  methods 
as  are  provided  for  assessing  and  levying  of  taxes  on  individual  prop- 
erty. 


Measures  and  Laws  submitted  to  the  elector!^  of  tlii^^  Sfato,  to  l)e 
voted  upon  at  the  next  general  election. 

1 

AN  ACT  Entitled,  "An  Act  to  Provide  for  Regulation  of  Political  Party 
Transactions;  for  the  Purpose  of  Determining  Organic  Provi- 
sions and  Definitions  of  Terms,  Party  Enrollment,  Party  Organ- 
ization, Independent  and  Representative  Proposals  of  Candidates 
for  Party  Nomination,  to  Elective  Offices,  Official  Primary  Ballot, 
Conduct  of  Primary  Elections,  Official  Party  Endorsement  of  U. 
S.  Senators  and  Appointive.  Government  Positions  Other  than 
Postmasters,  Postmaster  Primary,  Party  Recall,  Official  State  Pub- 
licity Pamphlet,  Violations,  Penalties  and  Contests. 

Whereas,  Under  the  Provisions  of  Section  1  of  Article  3,  of' 
the  Constitution  of  the  State  of  South  Dakota,  and  Article  3  of 
Chapter  2,  of  the  Political  Code  of  the  State  of  South  Dakota,  a 
Petition  Has  Been  Filed  in  the  Office  of  the  Secretary  of  State, 
Signed  by  More  than  Five  Per  Centum  of  the  Qualified  Electors 
of  the  State  in  the  Manner  and  Form  Therein  Directed,  Petition- 
ing that  the  Following  Proposed  Law  be  Enacted,  and  Submitted 
to  a  Vote  of  the  Electors  of  the  State  at  the  Next  General  Elec- 
tion, to  be  Held  in  the  Year  1912,  Certified  Copies  of  Said  Peti- 
tion Having  Been  Transmitted  to  the  Senate  and  House  of  Rep- 
resentatives by  the  Secretary  of  State. 

15c  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  That  the  following  Act  be  and  the  same  is  hereby  enacted 
and  submitted  to  the  electors  of  this  state  at  the  next  general  election, 
for  their  approval: 

AN  ACT,  to  provide  for  regulation  of  political  party  transactions: 
for  the  purpose  of  determining  organic  provisions  and  definition  of 
terms,  party  enrollment,  party  organization,  independent  and  represen- 
tative proposals  of  candidates  for  party  nomination,  to  elective  offices, 
official  primary  ballot,  conduct  of  primary  elections,  official  party  en- 
dorsement of  U.  S.  Senators  and  appointive  government  positions  other 
than  postmasters,  postmaster  primary,  party  recall,  official  state  pub- 
licity pamphlet,  violations,  penalties  and  contests. 

Be  it  Enacted  by  the  People  of  the  State  of  South  Dakota: 

The  following  words  and  phrases  used  in  this  Act  shall,  unless 
the  same  be  inconsistent  with  the  context,  be  construed  as  follows: 

Article  1. — Organic  Provisions  and  Definitions  of  Terms 

§  0.  The  words  "unit  representation"  shall  mean  that  any  com- 
mitteeman representing  the  party  electors  of  his  precinct,  county  or 
state,  at  the  regular  party  organization  meetings  or  at  minority  or  ma- 
jority proposal  committee  meetings,  shall  have  the  right  to  cast  the  full 
number  of  votes  as  shown  by  the  last  official  primary  returns  to  have 
been  voted  in  his  precinct,  county,  or  state  as  a  total  party  vote;  or 
separate  district,  circuit,  county, -or  state,,  vote  in  favor  of  the  minority 


or  the  majority  committee  proposals  with  which  such  minority  or  ma- 
jority committeeman  may  he  affiliated. 

§  1.  The  word  "party"  shall  mean  any  political  organization 
which  has  heretofore  maintained  a  state  organization  and  has  had 
candidates  for  state  offices  on  the  official  ballot  at  general  election,  or 
which,  at  any  general  election,  shall  hereafter  poll  at  least  ten  per 
cent  of  the  total  vote  cast  for  governor,  for  an  independent  candidate. 

§  2.  The  word  "enrollment"  shall  mean  the  official  registration 
of  electors  as  party  members. 

§   3.     The  word  "elector"  shall  mean  an  enrolled  party  elector. 

§  4.  The  word  "primary"  shall  mean  the  March  primary  party 
election  provided  for  by  this  act  to  determine  party  nominations  of 
candidates  and  party  principles. 

§  5.  The  words  "official  party  endorsement"  shall  mean  the  act 
of  determining  the  party  recommendation  of  candidate  for  United 
States  senator  by  a  direct  primary  vote,  and  for  appointive  offices  by 
postmaster  primary,  or  by  the  regular  party  central  committee,  or  the 
state  and  county  party  chairman  and  party  national  committeeman, 
as  hereinafter  provided. 

§  6.  The  words  "November  election"  shall  mean  the  general 
election  held  in  November. 

§  7.  The  word  "precinct"  shall  mean  a  district  established  un- 
der the  law  within  which  qualified  electors  vote  in  one  polling  place. 

§  8.  The  words  "postmaster  primary"  shall  mean  a  municipal 
party  primary  election  for  the  endorsement  of  a  party  candidate  for 
postmaster. 

§  9.  Public  places  for  posting  notices  shall  include  the  outer 
door  of  polling  places,  the  postoffice  lobby,  if  any,  and  the  front  outside 
door  of  any  public  building  or  any  other  place  where  notices  are  usually 
posted. 

§  10.  The  words  "party  platform"  shall  mean  the  declaration  of 
principles  and  propositions  which  have  received  the  highest  number 
of  party  votes  for  governor  at  the  primary. 

§  11.  The  principles  proposed  by  any  independent  candidate  or 
committee  proposal  candidate,  as  printed  in  the  state  publicity  pam- 
phlet, receiving  the  highest  number  of  votes  for  governor  at  the  pri- 
mary shall  immediately  become  the  regular  party  platform  at  the  fol- 
lowing general  election. 

Provided,  further,  if  there  shall  be  any  principles  in  such  nominat- 
ing party  platform  pertaining  to  national  affairs,  delegates  and  alter- 
nates to  party  national  conventions  shall  become  bound  and  instructed 
to  work  and  vote  for  such  principles  in  the  national  convention. 

§  12.  The  words  "party  central  committee"  shall  mean  an  elect- 
ed body  of  enrolled  party  members  constituting  the  regular  party  or- 
ganization; one  party  county  central  committeeman  from  each  precinct 
within  each  county  to  constitute  the  party  county  central  committee: 
and  one  party  state  committeeman  from  each  county  to  constitute  the 
party  state  central  committee. 

§  13.  The  words  "majority  proposal  committee"  shall  mean  an 
elected  representative  body  of  party  electors  of  one  party  consisting  of 
one  member  from  each  county  to  constitute  the  state  majority  proposal 
committee  and  one  member  from  each  precinct  to  constitute  the  county 
majority  proposal  committee,  authorized  to  promulgate  principles  and 
propose  group  candidates  and  representing  the  principles  of  the  party 
candidate  nominated  for  governor  at  the  last  primary. 


§  14.  The  words  "minority  proposal  committee"  shall  mean  an 
elected  representative  body  of  party  electors  of  one  party  consisting 
of  one  member  from  each  county  to  constitute  the  state  minority  pro- 
posal committee  and  one  member  from  each  precinct  to  constitute  the 
county  minority  proposal  committee  authorized  to  promulgate  prin- 
ciples and  propose  group  candidates  and  representing  the  principles 
of  the  party  candidate  receiving  next  to  the  highest  vote  for  the  nomi- 
nation of  governor  at  the  last  primary  held  under  the  provisions  of 
this  Act. 

§  15.  The  committeemen  composing  the  county  majority  or 
minority  proposal  committees  may  meet  in  the  court  room  at  the  coun- 
ty court  house  on  the  last  Friday  in  December  in  each  odd  numbered 
year,  and  each  committee  may  retire  to  self-appointed  separate  rooms 
in  the  court  house  to  propose  principles  and  indorse  candidates  for 
state  and  congressional  offices  for  the  purpose  of  instructions  to  the 
state  proposal  committeeman  of  the  minority  or  majority,  who  shall 
represent  the  county,  at  the  state  proposal  committee  meeting  at  the 
state  capitol,  on  the  first  Monday  in  January  following;  but  when  the 
state  majority  and  minority  proposal  committee  principles  shall  have 
been  decided  upon  by  a  majority  of  the  representative  vote  of  the 
resijective  state  coramittee  members  present,  as  a  proposal  for  a  party 
state  platform  to  be  nominated  at  the  primary  then  all  circuit,  county 
or  district  committee  proposals  of  principles  must  be  in  conformity 
with  either  the  majority  or  minority  state  committee  proposal  prin- 
ciples, summary  of  principles  or  motto,  to  entitle  the  circuit,  county  or 
district  proposal  committee  candidates  to  the  use  of  either  the  ma- 
jority or  minority  column  as  hereinafter  designated,  upon  the  official 
primary  ballot.  The  county  auditor  shall  cause  no  candidate's  name 
for  county,  circuit  or  district  offices  to  be  printed  upon  official  primary 
ballot  under  committee  proposals  in  either  the  minority  or  majority  col- 
umn unless  the  principles  and  motto  filed  conform  to  the  principles 
adopted  by  the  state  majority  or  minority  committee  proposal,  except 
that  a  motto  of  county  platform  principles,  not  to  exceed  eight  words, 
and  not  to  conflict  with  the  state  platform  principles  of  the  minority 
or  the  majority  under  which  proposed,  may  be  added,  immediately  un- 
der the  state  summary  of  principles,  and  designated,  as  the  county 
motto  in  the  column  of  the  minority  or  majority  on  the  official  primary 
ballot. 

§  IG.  The  word  "independent"  shall  mean  any  individual  can- 
didacy in  the  independent  column. 

§  17.  The  word  "declaration"  shall  mean  a  statement  signed  by 
the  party  candidate  and  attached  to  his  filing  papers  before  his  name 
shall  appear  on  the  official  primary  ballot. 

§  18.  The  words  "summary  of  principles  or  motto"  shall  mean 
a  condensed  statement  of  principles  and  propositions  expressed  in  not 
to  exceed  sixteen  words  for  state  summary  of  principles  and  eight 
words  for  county  motto  for  use  as  a  heading  for  candidates  proposed 
by  the  majority  and  minority  committee  on  the  official  primary  ballot. 

§  19.  The  words  "political  record  book"  shall  mean  a  public  re- 
cord kept  by  the  secretary  of  state,  in  which  record  shall  be  entered 
the  independent  and  group  proposals  of  principles  and  names  of  all 
party  candidates  in  the  order  filed. 

§  20.  The  word  "clerk"  shall  mean  the  clerk,  secretary  or  aud- 
itor keeping  the  records  of  any  village,  toWn,  city  or  township. 

§  21.  The  words  "party  recall"  shall  mean  the  right  and  official 
act  of  the  regular  party  organization,   for  the  causes  and  under  the 


restrictions  herein  provided,  to  request  the  resignation  o£  any  public 
oflaclal  who  has  been  elected  or  appointed,  to  office  as  a  party  candi- 
date; except  judges  of  the  supreme  and  circuit  courts. 

§  22.  The  words  "publicity  pamphlet"  shall  mean  the  official 
state  publicity  pamphlet  compiled  by  the  secretary  of  state  from  the 
political  record  book  and  filings  made  by  party  candidates  in  his  office. 

§  23.  The  words  "official  primary  ballot"  shall  mean  the  official 
party  ballot,  printed  by  the  auditor  of  each  county  for  each  party  and 
used  at  the  party  primaries  on  the  fourth  Tuesday  in  March  in  the 
even  numbered  years  in  the  order  and  form  designated  in  section  72 
of  this  act;  but  no  candidate's  name  shall  appear  upon  the  official  pri- 
mary ballot  more  than  once  in  the  same  primary  except  the  names  of 
candidates  for  judges  of  the  supreme  and  circuit  court,  who  may  be 
endorsed  by  the  minority  and  majority  proposal  committee  and  whose 
names  may  appear  in  each  of  the  three  candidate  columns  hereinafter 
designated  upon  the  official  primary  ballot. 

§  24.  Hereafter  all  party  candidates  for  all  of  the  elective  con- 
gressional, state,  county,  legislative  and  district  offices,  and  for  the 
office  of  United  States  senator  and  presidential  electors,  and  all  party 
delegates  and  alternate  delegates  to  the  national  conventions  and  all 
precinct,  county,  state  and  national  committeemen,  party  state  chair- 
men and  majority  and  minority  proposal  committeemen  shall  be  nom- 
inated, and  party  representatives  elected,  at  the  primary  held  in  ac- 
cordance with  the  provisions  of  this  Act.  All  other  proposals  of  such 
candidates  shall  be  by  petition  in  the  manner  now  provided  by  law. 

§  25.  The  Act  shall  not  apply  to  municipal,  town,  township 
and  school  district  offices,  but  may  be  adopted  by  either  by  a  majority 
vote  upon  such  proposition  at  any  election  held  therein. 

Article  2. — Party  Enrollment 

§  26.  Enrollment]  No  elector  in  the  state  of  South  Dakota 
shall  be  permitted  to  vote  at  any  party  primary  unless  he  is  duly  en- 
rolled, as  herein  required. 

§  27.  Duty  of  County  Auditor — Enrollment  Book]  The  county 
auditor  of  each  county  shall,  on  or  before  the  first  day  of  January  of 
each  odd  numbered  year,  provide  suitable  enrollment  books,  one  for 
each  voting  precinct  in  his  county,  so  arranged,  printed  and  bound 
that  there  shall  be  ten  columns  across  two  pages;  the  first  column  for 
the  enrollment  numbers  of  the  electors;  the  second  for  the  surnames 
of  the  electors;  the  third  for  the  Christian  names  of  electors;  the 
fourth,  the  place  of  residence;  fifth,  the  occupation;  sixth,  the  post- 
office  address;  seventh,  the  name  of  the  political  party  affiliating  with; 
eighth,  for  the  record  of  transfer  or  removal  from  one  precinct  to 
another;  ninth,  date  of  enrollment;  tenth,  column  for  the  signature  of 
each  enrolled  elector;  and  of  the  electors  who  reside  in  the  city  or  in- 
corporated village,  the  residence  of  each  shall  be  given  by  number  of 
the  dwelling,  if  any,  or  the  name  of  the  street,  and  if  not,  a  descrip- 
tion of  the  locality  of  the  same,  and  of  the  electors  of  each  township, 
the  quarter  section  upon  which  the  elector  resides  shall  be  given;  and 
the  said  county  auditor  shall  deliver  said  books  on  or  before  the  first 
day  of  January  of  each  odd  numbered  year  to  the  clerk  of  each  village, 
town,  city  or  township  of  his  county  in  person  or  by  registered  mail 

§  28.  Duties  of  Clerk — Enrollment]  It  shall  be  the  duty  o^  the 
clerk  of  any.  village,  town  or  township  from  and  after  January 
trat  and  up  to  and  including  October  31st  of  each  odd  numbered  year 
to  enroll  in  the  enrollment  book  furnished  by  the  county  auditor,  an' 


elector  ot  his  village,  town,  city  or  township  then  qualified  to  vote,  or 
any  person  who  shall  arrive  at  the  age  of  majority  on  or  before  the 
day  of  holding  any  primary,  by  entering  In  the  enrollment  hook  of  the 
proper  precinct,  the  information  and  facts  required  by  section  27  of 
this  Act  to  be  given  by  each  elector,  and  to  require  such  elector  to  sign 
the  said  entry  in  the  column  provided  for  signature  and  to  return  said 
enrollment  book  or  books  so  made  to  the  county  auditor  on  the  first  day 
of  November  of  each  odd  numbered  year  in  person  or  by  registered 
mail. 

§  29.  Duties  of  Auditor — Enrollment]  It  shall  be  the  duty  of 
the  county  auditor  from  and  after  November  first,  preceding  January 
first  of  each  even  numbered  year,  to  enroll  any  elector  applying  for  en- 
rollment and  to  make  the  same  record  as  provided  for  in  Section  27  of 
this  Act  and  to  require  the  signature  of  such  elector  in  the  proper  pre- 
cinct enrollment  book. 

§  30.  Enrollment  List — How  Prepared  for  Primary]  It  shall 
be  the  duty  of  the  county  auditor  from  and  after  January  first  of  each 
even  numbered  year  to  prepare  two  certified  and  sealed  enrollment  list 
copies  of  each  precinct  enrollment  book  for  each  party  separately,  for 
each  precinct,  arranged  alphabetically  and  consecutively  numbered, 
and  deliver  the  same  through  the  auditor  to  the  respective  election  of- 
ficers of  any  primary  with  the  other  primary  election  supplies. 

§  31.  Enrollment  and  Certificate — After  Moving]  The  county 
auditor  shall,  from  and  after  January  first  and  before  any  primary  is 
held,  in  each  even  numbered  year,  on  the  verified  application  of  any 
enrolled  party  elector  of  his  county  or  of  any  county  of  this  state,  as 
shown  by  sealed  certificate  to  that  effect  of  any  county  auditor  of  this 
state,  showing  a  change  of  residence  of  such  elector,  note  such  change 
on  the  enrollment  book  as  to  the  precinct  in  this  county  such  applicant 
removed  from,  and  enter  his  enrollment  in  the  enrollment  book  of  the 
precinct  moved  to,  provided  such  application  is  made  on  or  before  the 
eleventh  day  preceding  any  primary  to  be  held;  and,  provided  further, 
that  the  auditor  certify  said  qualification  and  change  of  residence 
and  number  of  the  enrolled  elector  on  the  enrollment  book,  if  the  en- 
rollment list  has  been  transmitted  to  the  primary  election  officer,  and 
deliver  said  certificate  to  said  applicant  and  such  certificate  shall  entitle 
the  identical  person  therein  named  to  vote  at  said  primary  for  the 
party  candidates  of  his  party  in  the  precinct  of  his  acquired  residence, 
otherwise  qualified  to  vote. 

§  32.  Enrollment  of  Persons  Arriving  at  Majority  Before  Pri- 
mary] Any  person  arriving  at  the  age  of  majority  on  or  before  the 
day  of  the  holding  of  any  primary  shall  be  entitled  to  vote  as  a  party 
member  by  enrolling  in  the  same  manner  as  any  other  qualified  voter. 

§  33.  Special  Enrollment — If  Absent  or  Sick]  Any  elector  de- 
siring to  vote  at  any  primary  who  is  unable  on  account  of  sickness  or 
absence  to  enroll  as  a  party  member  in  person,  may  do  so  within  the 
time  fixed  for  enrollment  by  making  an  affidavit  setting  forth  the  facts 
and  information  required  for  enrollment  and  filing  the  said  affidavit 
with  the  clerk  or  auditor  then  having  the  custody  of  the  enrollment 
book  of  the  elector's  precinct,  whose  duty  it  shall  then  be  to  enter  said 
elector's  name  on  the  record  and  note .  in  the  place  for  signature, 
"affidavit  filed." 

§  34.  Expenses  of  Enrollment — How  Paid — Paper — Where 
Filed]  The  county  shall  pay  all  expenses  of  enrollment  of  elector* 
and  ar  affidavits  of  enrollment  filed  with  any  clerk  shall  be  delivered 
to  and  filed  by  the  county  auditor  with  the  enrollment  book  or  booki, 
and  all  certificates  of  enrollment  accepted  at  the  primary  shall  be  re- 
turned with  the  primary  returns  and  filed  by  the  county  auditor. 


Article  3. — Party  Organization 

§  35.  County  Committeemen — How  Elected]  The  party  elec- 
tors of  each  precinct  may,  at  each  primary,  by  ballot,  elect  one  party 
elector  as  party  county  central  committeeman  who  shall  represent  all 
the  party  electors  of  his  party  in  such  precinct  in  the  regular  party 
county  organization,  and  shall  continue  to  act  until  his' successor  is 
elected;  and  the  party  county  central  commtteemen  so  elected  shall 
constitute  'the  party  county  central  committee.  The  precinct  party 
electors  affiliated  with  the  majority  of  the  party  may  also  elect  one 
party  elector  for  county  majority  proposal  committeeman  who  shall 
represent  the  majority  of  that  party  from  that  precinct  at  county  ma- 
jority proposal  committee  meetings  for  the  purpose  of  proposing  ma- 
jority group  principles  and  candidates  for  the  following  primary.  The 
precinct  party  electors  affiliated  with  the  minority  of  the  party  may 
also  elect  one  party  elector  for  county  minority  proposal  committeeman 
who  shall  represent  the  minority  of  that  party  from  that  precinct  at 
county  minority  proposal  committee  meetings  for  the  purpose  of  pro- 
posing minority  group  principles  and  candidates  for  the  following  pri- 
mary. 

§  36.  County  Committeemen — Ballot — How  Provided]  The 
county  auditor  shall  furnish  for  each  precinct  and  deliver  with  the 
other  election  supplies,  a  sufficient  number  of  blank  party  organization 
precinct  ballots  for  each  party  separately,  for  the  election  of  a  party 
county  central  committeeman  and  a  county  majority  and  minority 
proposal  committeeman  for  said  precinct  and  in  the  following  form: 

PARTY  ORGANIZATION  PRECINCT  BALLOT 

To  vote  your  choice  for  party  county  central  committeeman,  write 
in  the  name  of  one  resident  party  elector  on  the  blank  line  provided 
below. 

Vote  for  only  one  county  proposal  committeeman  by  writing  in 
the  name  of  one  resident  party  elector  of  your  choice  for  either  the 
minority  or  the  majority.     Leave  one  of  the  two  last  lines  blank. 
...-,.   Precinct 

(Write  in  name  of  precinct) 
For  Party  County  Central  Committeeman, 

(Write  in  name  of  your  choice) 
For  County  Minority  Proposal  Committeeman. 

(Write  in   name  of  your  choice) 
For  County  Majority  Proposal  Committeeman. 

(Write  in   name  of  your  choice) 

§  37.  County  Committeeman  Primary — How  Conducted]  The 
Judges  in  charge  of  the  precinct  primary  shall  officially  stamp  or  write 
on  the  "party  organization  precinct  ballot,"  the  precinct,  and  deliver 
one  to  each  elector  belonging  to  said  political  party,  at  the  time  of 
handing  him  the  regular  official  party  primary  ballot,  and  said  elector 
receiving  said  ballot  shall  vote  it  by  writing  the  name  of  one  of  his 
party  electors  in  the  place  designated  for  party  county  central  com- 
mitteeman, and  by  v/riting  the  name  of  another  of  his  party  electors 
In  one  of  the  places  designated  for  county  majority  or  minority  pro- 
posal committeeman,  according  to  his  choice,  and  after  so  voting,  the 
judges  shall  receive,  and  place  same  in  the  ballot  box  and  count  and 
canvass  all  such  votes  cast.  The  candidates  receiving  the  highest  num- 
ber of  votes  cast  by  his  party  in  the  precinct  for  party  county  central 


8 

committeeman,  county  majority  or  minority  pit>i»osal  committeeman, 
shall  be  elected  and  the  judges  and  clerks  of  said  primary  shall  make 
returns,  on  the  party  primary  poll  book,  of  the  election  of  said  commit- 
teeman. 

Any  party  elector  may  propose  the  name  of  any  resident  party 
elector  as  candidate  for  party  county  central  committeeman  or  county 
minority  or  majority  proposal  committeemen  by  filing  such  name  or 
names  in  writing,  with  the  superintendent  of  election  who  shall  make 
a  list  of  the  same,  which  shall  be  posted  in  a  convenient  place  for  the 
information  of  the  voters.  No  provision  for  writing  or  printing  the 
name  of  candidates  for  such  county  committeemen  shall  be  made  on 
the  regular  official  primary  ballot. 

§  38.  County  Central  Committees — How  Formed]  The  party 
elector  chosen  as  party  county  central  committeeman  shall  represent 
all  the  party  electors  of  his  precinct  and  the  respective  county  central 
committeemen  within  one  county  shall  constitute  the  party  county 
central  committee  in  the  regular  party  organization,  and  shall  continue 
to  act  until  his  successor  is  elected,  and  shall  vote  by  unit  representa- 
tion at  all  meetings. 

§  39.  Party  County  Chairman — How  Elected]  The  chairman 
of  the  party  county  central  committee  of  each  political  party  shall  be 
elected  by  the  nominated  candidates  for  county  and  legislative  offices, 
together  with  the  elected  party  county  central  committeemen  of  the 
county  who  shall  meet  at  1  o'clock  p.  m.  on  the  fourth  Tuesday  after 
the  primary  date  in  the  court  house  or  place  where  the  court  was  last 
held,  at  the  county  seat;  and  a  majority  vote  of  candidates  and  com- 
mitteemen present  shall  constitute  an  election. 

§  40.  Party  State  Central  Committee — How  Elected]  The  party 
electors  of  each  county  may,  at  each  primary  by  the  official  primary 
ballot,  elect  one  party  elector  as  party  state  central  committeeman,  who 
shall  represent  all  the  party  electors  of  his  party  in  such  county  in  the 
regular  party  state  organization,  and  shall  act  until  his  successor  is 
elected,  and  such  party  state  central  committeeman,  so  elected,  one 
from  each  county,  shall  constitute  the  party  state  central  comm-ttee 
and  shall  vote  by  unit  representation  at  all  committee  meetings. 

§  41.  Party  State  Chairman — How  Elected]  The  party  elec- 
tors of  the  state  may  at  each  primary,  by  official  primary  ballot, 
elect  one  party  elector  as  chairman  of  the  party  state  central  com- 
mittee, who  shall  continue  to  act  until  his  successor  is  elected. 

§  42.  National  Party  Committeeman — How  Elected]  The  party 
electors  of  the  state  may  at  the  primary  held  in  March,  1912  and  quad- 
rennially thereafter,  elect  by  official  primary  ballot,  one  party  elector 
as  national  committeeman  and  member  of  the  national  committee  of 
his  party. 

§  43.  Party  Committee  Secretaries  and  Treasurers — How  Elect- 
ed] The  chairman  of  any  party  central  committee  may  appoint  his 
own  secretary,  who  shall  be  chosen  from  the  minority  of  his  party. 
The  treasurer  of  any  party  central  committee  shall  be  elected  by  the 
members  of  their  respective  committees.  Each  secretary  and  treasurer 
shall  keep  suitable  record  books  of  proceedings  and  moneys  and  shall 
account  for  funds  received  and  expended  and  hand  the  books  and 
funds  on  hand  over  to  his  successor,  and  said  books  shall  be  party 
property. 

§  44.  State  Majority  and  Minority  Proposal  Committeeman — 
How  Elected]  The  party  electors  of  the  county  affiliated  with  the  ma- 
jority of  the  party  may  also  elect  one  party  elector  for  state  majority 


proposal  committeeman,  who  shall  represent  the  majority  of  that  party 
from  that  county  at  the  state  majority  proposal  committee  meetings 
for  the  purpose  of  proposing  state  majority  group  principles  and  can- 
didates for  the  following  primary. 

The  party  electors  affiliated  with  the  minority  of  the  party  may 
also  elect  one  party  elector  for  state  minority  proposal  committeeman, 
who  shall  represent  the  minority  of  that  party  from  that  county  at 
state  minority  proposal  committee  meetings  for  the  purpose  of  pro- 
posing state  minority  group  principles  and  candidates  for  the  follow- 
ing primary. 

§  45.  Preliminary  Returns  Through  Party  Organization]  Party 
presidential  electors  and  delegates  and  alternate  delegates  to  national 
political  party  convention  shall  he  chosen  hy  each  political  party  at  the 
March  primary,  quadrennially,  provided,  however,  that  in  order  to  save 
time  in  issuing  credentials  to  such  delegates  the  county  canvassing 
boards  Immediately  upon  canvassing  the  votes  for  delegates  to  the  na- 
tional convention,  shall  forward  to  the  proper  party  chairman  of  the 
party  state  committee  an  abstract  showing  the  vote  cast  for  the  can- 
didates for  delegates  and  alternates  in  the  several  counties  of  the 
state,  and  such  state  chairman  and  the  secretary  of  said  committee 
shall  have  the  power,  and  it  shall  be  their  duty,  to  canvass  the  same 
and  to  issue  credentials  to  the  delegates  and  alternates  who  have  re- 
ceived the  highest  number  of  votes  in  the  state. 

Article    4. — Individual    and    Committee    Proposals    and    Forms    and 

Meetings 

§  46.  Independent  Candidate  Proposal  Petition]  The  name  of 
no  candidate  for  presidential  elector,  United  States  senator,  member 
of  congress,  state  officers,  including  judges  of  the  supreme  and  circuit 
courts,  national  committeeman,  delegates  and  alternates  to  national 
conventions,  party  state  chairman,  county,  legislative  and  district  of- 
fices, member  of  any  party  state  central  committee  or  member  of  any 
state  minority  or  majority  proposal  committee  shall  be  printed  upon 
the  official  ballot  used  at  any  primary  held,  as  herein  provided,  except 
the  candidates  of  one  majority  and  one  minority  committee  proposals 
within  each  party  as  herein  provided,  unless  at  least  sixty  days  before 
the  date  of  the  primary,  an  individual  candidate  proposal  petition  shall 
have  been  filed  in  the  office  of  the  secretary  of  state,  or  county  auditor, 
as  the  provisions  of  this  act  require,  in  substantially  the  following 
form: 

"INDIVIDUAL  CANDIDATE  PROPOSAL  PETITION" 

We  the  undersigned,  qualified  electors  of  the  state  of  South  Da- 
kota do  hereby  promulgate  the  following  principles: 


and  do  hereby  propose 

who  resides  at in county 

and  whose  postoffice  address  is South  Dakota, 

and  who  is  an  enrolled  elector  of  the 

party,  for  the  office  of to  be  voted  for  at  the  primary 

to  be  held  oy  the  fourth  Tuesday  of  March  next;  and  we,  and  each  of 


10 

us  for  himself  severally,  do  further  declare  that  we  intend  to  support 

the  candidate  named  herein  at  said  primary  and  to  vote  the 

ticket  at  the  following  November  election. 

Names  of  Signers    |    PostofRce    |    Precinct    |    County    |    Date  of  Signing 


DECLARATION   OF    CANDIDATE 

I  do  hereby  declare  that  if  nominated  and  elected,  I  will  qualify, 
adhere  to  the  principles  herewith  proclaimed  and  obey  the  party  recall 
if  invoked  against  me. 

Signature  of  Candidate  Residence  P.  O.  Address 


§  4  7.  Percentage  of  Signers  Limited]  Said  individual  proposal 
petition,  before  the  same  shall  be  filed  in  the  secretary  of  state  or 
county  auditor's  office,  as  the  provisions  of  this  Act  require,  must  have 
affixed  thereto  the  signatures  of  not  less  than  2  per  cent  nor  more  than 
5  per  cent  of  the  electors  of  the  party,  of  which  the  petitioners  are 
members,  in  the  state,  county  or  district  for  which  the  candidate 
is  proposed,  at  the  preceding  general  election,  for  the  party  candidate 
for  the  office  of  governor  as  shown  by  the  official  returns.  There  shall 
also  be  affixed  thereto  the  executed  declaration  of  the  candidate  as 
shown  upon  the  foregoing  petition.  It  shall  be  unlawful  for  any  can- 
didate to  secure  further  signatures  to  his  petition  after  the  required 
limit  has  been  reached. 

§  48.  Individual  Proposal  Petition — How  Made  and  Signed] 
To  each  of  the  individual  proposal  petitions,  as  provided  in  Sections 
46  and  4  7  of  this  Act,  each  petitioner  shall  affix  his  own  signature, 
with  pen  and  ink  or  by  indelible  pencil,  shall  add  after  his  name, 
his  voting  precinct,  postoffice  address,  county  and  date  of  signing. 
No  petitioner  shall  sign  more  than  one  such  petition  relating  to  the 
same  office  in  the  same  year,  and  no  name  shall  be  counted  upon 
such  petition  unless  the  same  appears  upon  the  party  enrollment 
books  and  to  have  been  signed  within  three  months  prior  to  the  hold- 
ing of  the  primary  before  which  the  person  in  whose  behalf  it  is  filed 
is  to  be  a  candidate.  It  shall  not  be  necessary  that  one  paper  shall 
contain  all  the  signatures,  but  a  single  petition  may  be  made  up  of 
one  or  more  papers,  each  having  the  requisite  heading.  Separate 
papers  in  the  proper  form  and  duly  signed,  may,  before  filing,  be 
bound  together  and  shall  be  regarded  as  one  petition,  and  be  suffi- 
cient if  the  aggregate  number  of  signatures  upon  all  is  not  less,  nor 
more  than,  the  number  required  by  this  act.  Blank  lines  upon  addi- 
tional sheets,  secure^'y  fastened  to  a  top  sheet  having  the  prescribed 
heading,  may  be  used  in  obtaining  signatures  and  shall  be  regarded, 
together  with  the  top  sheet  having  the  proper  heading,  as  one  paper. 

§  49.  Legislative  District  Proposal  Petitions]  In  legislative 
districts  composed  of  more  than  one  county,  the  individual  proposal 
petition  in  behalf  of  a  candidate  for  the  legislature  from  such  district 
shall  be  filed  in  the  office  of  the  county  auditor  of  the  county  in  said 
district  in  which  said  candidate  resides  at  least  sixty  days  prior  to 
the  holding  of  the  primary;  and  within  five  days  thereafter  said  audi- 


i  ] 

tor  shall  make  a  certified  copy  or  copies  thereof,  as  the  case  may  be, 
and  forward  the  same  to  the  auditor  of  each  other  county  in  said  legis- 
lative district  for  filing.  Said  individual  proposal  petition  shall  he 
substantially  in  the  same  form  as  provided  in  Sections  46 'and  47  of 
this  Act,  with  the  same  requirements  as  to  signatures  and  form  of  exe- 
cution and  declaration;  and  the  timely  filing  thereof  shall  entitle  the 
candidate  to  have  his  name  printed  upon  the  official  ballot  used  by  his 
party  at  the  primary  in  each  county  in  such  legislative  district. 

§  50.  Proposal  Petition  for  Judges]  All  candidates  for  judges 
of  the  supreme  and  circuit  courts  shall  file  individual  proposal  peti- 
tions 90  days  before  the  primary  date  and  their  names  shall  appear 
in  the  independent  column  upon  the  official  primary  ballot,  but  may 
be  endorsed  by  either  the  majority  or  minority  proposal  committee. 
But  no  candidate  for  judge  of  the  supreme  or  circuit  court  shall  be  re- 
quired to  sign  the  recall  declaration,  but  shall  be  required  to  sign  a 
declaration  to  the  effect  that  he  will  qualify  if  elected. 

§  51.  Majority  and  Minority  Proposal  Committee — State  Meet- 
ings] The  members  of  the  respective  state  majority  and  minority 
proposal  committees  which  have  been  elected  in  the  manner  herein 
provided  at  the  last  primary,  or  by  mass  conference,  called  in  each 
county  for  the  election  of  the  first  committee  membership,  as  especially 
provided  for  in  Section  53  of  this  Act,  for  state  majority  and  minority 
committees,  shall  assemble  on  the  first  Monday  in  January  at  10 
o'clock  a.  m.,  in  each  general  election  year,  and  the  first  state  majority 
proposal  committees  shall  convene  in  the  assembly  hall;  and  the  first 
minority  proposal  committees  shall  convene  in  the  senate  chamber  at 
the  state  capitol  at  Pierre,  South  Dakota,  and  each  committee  shall 
retire  to  self-appointed  rooms  in  the  capitol  building  and  the  mem- 
bers present  shall  constitute  a  quorum  and  shall  at  all  times  act  with- 
out sub-committees,  as  a  committee  of  the  whole,  sitting  in  open  and 
public  session,  and  shall  proceed  to  organize  by  the  election  of  a  chair- 
man and  a  secretary  for  each  committee  and  then  promulgate  sepa- 
rately, majority  or  minority  principles,  prepare  separate  sum- 
mary of  principles  from  such  principles  for  the  ballot,  limited 
to  sixteen  words,  and  propose  majority  or  minority  candi- 
dates for  presidential  electors,  congressional  and  state  offices 
and  party  representatives  in  the  manner  required  for  committee  pro- 
posals, as  per  blank  forms  hereinafter  provided,  which  when  duly  sign- 
ed by  the  majority  of  the  members  present  at  any  committee  meeting 
and  the  declaration  thereon  signed  by  the  candidates,  shall  be  filed 
within  seven  days  from  date  of  said  meeting  by  the  chairman  or  secre- 
tary, together  with  the  roll  of  the  members  present,  with  the  secretary 
of  state.  Proposals  when  so  made  and  filed,  shall  entitle  the  respective 
summary  of  principles,  and  name  of  candidates  thus  proposed,  limited 
to  one  candidate  for  each  office,  to  be  printed  on  the  official  primary 
ballot  in  separate  column  as  herein  provided,  and  thereafter  said  pro- 
posal committee  shall  cease  to  exist  except  to  fill  vacancies.  Each 
state  proposal  committeeman  shall  at  state  committee  proposal  meet- 
ings be  entitled  to  vote  by  unit  representation.  Each  member  of  the 
minority  or  majority  proposal  committee  who  shall  attend  such  state 
meeting,  shall  receive  payment  of  five  cents  per  mile  for  each  mile 
necessarily  traveled  in  going  to  and  returning  from  such  meeting  by 
filing  a  written  receipted  sworn  statement  thereof  with  the  secretary 
of  state,  who  shall  deliver  same  to  the  state  auditor  who  shall  see  to  its 
auditing  and  forward  a  warrant  therefor,  to  the  person  who  filed  such 
■tatement,  it  being  the  intention  hereof  that  the  state  shall  pay  all 
expenses  of  mileage  herein  provided. 


it 

§  52.  Proposal  Committee — County  :^feetings]  The  members 
of  the  respective  county  majority  and  minority  proposal  committees, 
who  have  been  elected  by  precincts  In  the  manner  herein  provided  at 
the  last  primary,  or  by  mass  conference  called  in  each  county  for  the 
election  of  the  first  committee  membership  for  state  and  county  ma- 
jority and  minority  committees,  as  especially  provided  for  in  Section 
53  of  this  Act  shall  assemble  on  the  first  Wednesday  in  January  at  1 
o'clock  p.  m.,  in  each  general  election  year,  and  the  county  majority 
committees  shall  convene  in  the  court  room  and  the  county  minority 
committees  in  the  clerk  of  court's  office  in  the  court  house  of  the 
county,  or  place  where  the  court  was  last  held,  and  each  committee 
shall  retire  to  selfappointed  rooms  in  the  court  house,  and  the  members 
present  shall  constitute  a  quorum  and  shall,  at  all  times,  act  without 
sub-committees,  as  a  committee  of  the  whole,  sitting  in  open  and  pub- 
lic session,  and  shall  proceed  to  organize  separately  by  election  of 
chairman  and  a  secretary  for  each  committee,  and  then  promulgate 
separate  majority  or  minority  principles,  and  prepare  separate  mot- 
toes, from  such  principles,  for  the  oallot,  limited  to  eight  words  each, 
and  propose  majority  and  minority  candidates  for  county  and  legisla- 
tive offices,  and  party  state  committeeman  and  state  proposal  commit- 
teeman, in  the  manner  required  for  committee  proposals,  as  per  blank 
form,  hereinafter  provided,  which  when  duly  signed  by  the  majority  of 
the  members  present  at  such  proposal  committee  meeting  and  the 
declaration  thereon  signed  by  the  candidates  shall  be  filed  within 
seven  days  from  date  of  said  meetings  by  the  chairman  or  secretary, 
together  with  the  roll  of  members  present,  with  the  county  auditor  and 
said  committee  proposal  when  so  made  and  filed,  shall  entitle  the  re- 
spective mottoes,  and  names  of  candidates  thus  proposed,  limited  to 
one  candidate  for  each  office  and  only  one  state  proposal  committeeman 
for  each  group,  to  be  printed  on  the  official  primary  ballot  in  separate 
column  as  herein  provided,  and  thereafter  said  proposal  committees 
shall  cease  to  exist,  except  to  fill  vacancies.  Each  county  proposal  com- 
mitteeman shall  at  county  committee  proposal  meetings  be  entitled  to 
vote  by  unit  representation.  Each  member  of  the  minority  or  majority 
proposal  committee  who  shall  attend  such  county  meeting  shall  re- 
ceive payment  of  ten  cents  per  mile  for  each  mile  necessarily  traveled 
going  to  and  returning  from  said  meeting  by  filing  a  written  receipted 
sworn  statement  thereof  with  the  county  auditor,  who  shall  present  the 
same  to  the  board  of  county  commissioners,  who  shall  allow  the  same, 
and  the  auditor  shall  thereupon  issue  his  warrant  therefor  upon  the 
general  fund  and  forward  the  same  to  the  person  issued. 

§  53.  First  Special  Mass  Meeting  for  the  Purpose  of  Electing 
Primary  Majority  and  Minority  Proposal  Committeemen]  For  the  pur- 
pose of  electing  the  first  membership  of  minority  and  majority  pro- 
posal committees,  which  require  one  member  from  each  precinct  for 
each  county  committee,  and  one  member  from  each  county  for  the 
state  committees,  a  mass  conference  of  the  party  members  affiliated 
with  the  respective  principles  represented  by  the  candidates  for  gov- 
ernor within  each  party,  having  received  the  highest  and  next  to  the 
highest  vote  cast  at  the  preceding  primary,  may  be  called  in  each  county, 
signed  by  three  or  more  majority  or  minority  electors  and  notice 
thereof  shall  be  published  twice  in  a  weekly  county  seat  newspaper, 
requesting  such  affili  nts  of  those  principles  to  meet  at  two  o'clock  p. 
m.  on  the  first  Tuesday  in  December  preceding  the  first  primary  held 
under  this  law,  at  the  court  room  in  the  county  court  house  or  place 
where  the  court  was  last  held,  and  each  conference  body  shall  retire  to 
lelf  appointed  rooms  in  the  court  house,  and  proceed  to  elect  their  re- 


13 

Bpective  precinct  and  state  majority  or  minority  proposal  committee- 
men who  shall  be  eligible  to  act  and  hold  the  first  committee  proposal 
meetings  as  provided  for  in  Section  51,  52,  54  and  55  of  this  Act;  and 
all  proposal  committeemen  thereafter  shall  be  elected  at  the  primary. 

§  54.  Committee  Proposal,  Legislative  District  Meetings]  In 
legislative  districts  composed  of  more  than  one  county,  the  members  of 
the  majority  and  minority  proposal  committees  of  each  of  said  coun- 
ties in  said  legislative  district  shall  assemble  in  the  county  having  the 
largest  vote  at  the  last  general  election,  and  at  the  places  fixed  for 
holding  the  county  meetings  as  provided  for  in  section  52  of  this  act, 
and  on  the  first  Friday  in  January  of  each  even-numbered  year,  at  one 
o'clock  p.  m.,  and  at  said  meetings,  so  held,  the  members  thereof  pres- 
ent shall  propose  the  legislative  candidates  of  said  legislative  district 
in  the  form  provided  for  proposals  of  candidates  in  section  56  of  this 
act,  and  file  said  proposals  with  the  county  auditor  of  the  county  of 
said  legislative  district  where  the  meetings  are  held  as  part  of  the  com- 
mittee proposals  of  the  majority  or  minority  committees  of  said  coun- 
ties and  for  said  district,  and  the  county  auditor  with  whom  said  pro- 
posals have  been  filed  shall,  within  five  days  thereafter,  make  a  certi- 
fied copy  or  copies  thereof,  as  the  case  may  be,  and  forward  the  same 
to  the  auditor  of  each  other  county  in  said  legislative  district  for  filing, 
and  the  filing  thereof  shall  entitle  the  candidate  so  proposed  to  have 
his  name  printed  upon  the  official  ballot  in  the  column  of  the  majority 
or  minority  for  which  proposed.  Each  proposal  committeeman  shall  be 
entitled  to  vote  by  unit  representation  at  all  proposal  committee  meet- 
ings. 

Each  member  of  the  minority  or  majority  proposal  committee  who 
shall  attend  such  district  meeting  shall  receive  payment  of  ten  cents 
per  mile  for  each  mile  necessarily  traveled  in  going  to  and  returning 
from  such  meeting  by  filing  wfth  the  county  auditor  of  the  county  he 
represents  at  such  proposal  committee  meeting  a  written  receipted, 
sworn  statement  thereof,  the  auditor  of  such  county  shall  present  the 
same  to  the  board  of  county  commissioners  who  shall  allow  the  same, 
and  the  auditor  shall  thereupon  issue  his  warrant  therefor  upon  the 
general  fund  and  forward  the  warrant  to  the  person  issued. 

§  55.  Committee  Proposals  for  Judges  of  Circuit  Court]  The 
county  proposal  committeemen  within  each  judicial  circuit  of  the  min- 
ority or  majority  proposal  committees,  may  assemble  at  11  o'clock  a. 
m,,  on  the  first  Saturday  of  January,  1914,  and  quadrennially  there- 
after, and  the  county  majority  committee  shall  convene  in  the  court 
room  and  the  county  minority  committee  in  the  clerk  of  court's  of- 
fice, in  the  county  court  house,  or  place  where  the  court  was  last  held 
in  the  county  casting  the  largest  vote  for  governor  at  the  last  preced- 
ing general  election  in  that  circuit,  and  each  committee  shall  retire  to 
self-appointed  rooms  in  said  court  house  and  the  members  present 
shall  constitute  a  quorum  and  shall,  at  all  times,  act  without  sub-com- 
mittees, as  a  committee  of  the  whole,  sitting  in  open  and  public  session 
and  shall  proceed  to  organize  separately  by  electing  a  chairman  and 
secretary  for  each  committee  and  propose  a  majority  and  a  minority 
candidate  for  the  office  of  judge  of  that  circuit,  in  the  form  required 
for  "committee  proposals,"  as  per  blank  form  provided  in  section  56 
of  this  act,  which,  when  duly  signed  by  a  majority  of  the  members 
present  at  such  proposal  meeting  shall  be  filed  with  the  county  auditor 
of  the  county  where  the  meeting  is  held,  within  seven  days,  and  the 
county  auditor  with  whom  the  "committee  proposal"  Is  filed  shall, 
within  five  days  thereafter  make  certified  copies  thereof  and  forward 
the  same  to  the  auditor  of  each  other  county  In  said  circuit  j  and  the 


14 

filing  thereof  shall  entitle  the  candidate  proposed  to  have  his  name 
printed  upon  the  official  ballot  in  the  column  of  the  majority  or  minor- 
ity for  which  proposed.  Each  proposal  committeeman  shall  he  entitled 
to  vote  by  unit  representation  at  all  proposal  committee  meetings. 

Each  member  of  the  minority  or  majority  proposal  committee  who 
shall  attend  such  circuit  meeting,  shall  receive  payment  of  ten  cents 
per  mile  for  each  mile  necessarily  traveled  in  going  to  and  returning 
from  said  meeting  by  filing  a  written  receipted,  sworn  statement  there- 
of with  the  couPty  auditor,  who  shall  present  the  same  to  the  board 
of  county  commissioners,  who  shall  allow  the  same  and  the  auditor 
shall  thereupon  issue  his  warrant  therefor  upon  the  general  fund  and 
forward  said  warraht  to  the  person  issued. 

§  56.  Form  of  Committee  Proposal]  The  name  of  no  candidate 
for  presidential  elector,  United  States  senator,  member  of  congress, 
state  offices,  including  judges  of  the  supreme  and  circuit  courts,  na- 
tional committeemen,  delegates  to  national  conventions,  state  chair- 
man, county,  legislative  or  district  offices,  nor  candidate  for  member 
of  any  party  state  central  committee,  nor  candidate  for  any  state  min- 
ority or  majority  proposal  committeeman  shall  be  printed  in  the  min- 
ority or  the  majority  column  hereinafter  designated  upon  the  official 
primary  ballot  used  at  any  primary  held,  as  herein  provided,  unless  at 
least  sixty  days  before  the  date  of  the  primary,  a  minority  or  majority 
committee  proposal  shall  have  been  filed  in  the  office  of  the  secretary 
of  state  or  county  auditor,  as  the  provisions  of  this  act  require  in  sub- 
stantially the  following  form: 

"COMMITTEE  PROPOSAL" 

We,  the  undersigned  qualified  members  belonging  to  the  proposal 

committee  of • party  of  the  state  of 

South  Dakota,  do  hereby  promulgate  the  following  principles: 


and  propose  the  following  named  persons  as  candidates  for  nomina- 
tion to  the  respective  offices  named  to  be  voted  for  at  the  primary  on 
the  fourth  Tuesday  of  March  next. 

Name  Office 

For 

For 

„ For 

and  we  desire  the  following  summary  of  principles,  or  motto,  to  be 
placed  at  the  head  of column  of  the 

Official  Primary  Ballot  as  representing  the  above  principles: 


(Not  more  than  sixteen  words) 


and  request  that  the  foregoing  names  be  printed  in  a  group  under  said 

motto    Id    the column   upon   the 

official  primary  ballot  as  representing  the  principles  above  set  forth,  to 
be  voted  for  at  the  primary  to  be  held  on  the  fourth  Tuesday  in  March 
iiert,  and  we  and  each  of  us  do  hereby  declare  that  we  intend  to  sup- 
ixjrt  the  principles  and  candidates  named  herein  at  said  primary,  and 


15 

to  vote  the ticket  at  the 

following  November  election. 

Signature  of  Committeemen  County 


Precinct  P.   O.    Address  Date 


DECLARATION  OP  CANDIDATES 

I  do  hereby  declare  that  if  nominated  and  elected,  I  (or  we)  will 
qualify,  adhere  to  the  principles  herewith  proclaimed  and  obey  the 
party  recall  if  invoked  against  me   (or  us.) 

Signature  of  Candidates  Residence  P.  O.  Address 


§  57.  Signing  of  Committee  Proposal  and  Declaration]  To  the 
above  "committee  proposal"  the  committeeman  in  favor  thereof,  shall 
affix  his  own  signature  with  pen  and  ink  or  with  indelible  pencil,  and 
shall  add  after  his  name,  the  name  of  the  county  in  which  he  resides, 
the  precinct,  his  postoffice  address  and  date  of  signing.  Following  the 
signature  of  the  committee  members  there  shall  be  attached  to  and 
filed  with  the  committee  proposal,  the  above  declaration  by  the 
candidates  named,  each  giving  his  residence  by  county  and  precinct 
and  postoffice  address. 

§  58.  Vacancy  in  Committee  Proposal — How  Filled]  In  the 
event,  a  vacancy,  of  a  candidate  by  death,  resignation,  or  otherwise 
shall  occur  in  any  committee  proposal  for  any  office  or  party,  state  rep- 
resentative or  state  minority  or  majority  proposal  committeeman  be- 
tween the  date  of  committee  proposal  meeting  and  twenty-five  days 
before  the  primary  election  date,  such  vacancy  may  be  filled  by  the 
chairman  of  the  proposal  committee  by  forwarding  the  name  of  the 
new  candidate,  together  with  his  signed  declaration,  to  the  secretary 
of  state  or  county  auditor,  who  shall  place  the  name  of  the  new 
candidate  in  the  vacancy. 

§  59.  Filing  Fees]  No  fees  shall  be  required  of  candidates  for 
the  filing  of  proposal  petitions. 

§  60.  Duty  of  Secretary  of  State]  At  least  twenty-five  days  be- 
fore any  primary,  the  secretary  of  state  shall  transmit  to  each  county 
auditor  a  certified  separate  group  of  lists  containing  the  summary  of 
principles;  the  names  and  postoffice  addresses  of  candidates  of  each 
minority  and  majority  committee  proposal;  also  a  certified  separate 
ligt  of  independent  candidates  giving  the  names  and  postoffice  ad- 
dresses of  each  person  for  whom  Individual  candidate  proposal  peti- 
tion has  been  filed  under  this  act  in  his  office;  also  the  name  of  the 
office  for  which  each  candidate  seeks  nomination  of  the  political 
party  he  represents. 

§  61.  Filing — When  Sufficient]  The  filing  of  a  "committee 
proposal"  or  "individual  candidate  proposal  petition"  within  the  time 
and  in  the  manner  and  form  provided  in  this  act,  together  with  the 
declaration  of  the  candidate  shall  be  sufficient  to  require  that  his  name 
be  printed  upon  the  primary  ballot.  No  other  condition  shall  be  im- 
posed. 


16 

Ai'ticle  5. — Official  Primary  Ballot 
Form,  Regulation  and  Distribution 

§  62.  Color  of  Ballots — By  Whom  Designated]  The  color  of 
the  ballots  of  all  political  parties  having  a  state  organization  shall  be 
designated  by  the  secretary  of  state.  For  parties  having  less  than  a 
state  organization,  the  county  auditor  of  each  county  in  which  such 
parties  have  a  ticket  shall  select  the  color  of  such  ballots.  Provided 
that  the  ballots  of  each  political  party  shall  be  of  a  separate  and  dis- 
tinct color.  Provided,  further,  that  when  a  color  has  been  selected  for 
a  party  having  a  state  organization,  such  color  shall  not  again  be 
changed.  Such  color  shall  be  selected  upon  application  of  the  chair- 
man of  the  party  state  committee  of  each  party,  and  as  soon  as  select- 
ed, the  secretary  of  state  shall  immediately  notify  the  county  auditor 
of  each  county  of  such  selection. 

§  63.  Position  of  Committee  Proposals  on  the  Official  Primary 
Ballot]  It  is  further  provided  that  the  committee  proposal  receiving 
the  highest  number  of  votes  for  its  candidate  for  governor  at  the  last 
primary  held  shall  occupy  the  majority  column  at  the  following  pri- 
mary in  its  position  on  the  official  ballot,  although  the  principles  and 
candidates  may  have  been  proposed  by  the  minority  proposal  com- 
mittee. 

§  64.  Auditor  to  Provide  for  Extra  Primary  Ballots]  The  coun- 
ty auditor  shall  provide  and  retain  in  his  office  until  after  the  primary 
election,  an  ample  supply  of  extra  official  primary  ballots  for  each  po- 
litical party  and  for  each  election  precinct;  and  if  at  any  time  before 
or  during  the  primary  election  any  of  the  official  primary  ballots  for 
each  political  party  and  for  each  election  precinct  shall  be  lost,  destroy- 
ed or  exhausted,  on  written  application  signed  by  the  primary  judges, 
or  any  one  of  them,  then  said  auditor  shall  immediately  cause  to  be 
delivered  to  said  primary  judges  such  supply  of  extra  official  primary 
ballots  as  may  be  required  to  comply  with  the  provisions  of  this  act. 

§  65.  Duty  of  Auditor]  The  county  auditor  shall,  from  the 
names  filed  in  his  office  and  the  names  forwarded  to  him  by  the  secre- 
tary of  state,  prepare  an  official  ballot  for  use  at  the  primary  for  each 
political  party  for  whom  candidates  have  been  presented  by  "commit- 
tee proposal"  or  "individual  candidate  proposal  petition"  under  the 
provisions  of  this  act.  The  names  of  all  candidates  in  the  same  po- 
litical party  by  whom  or  for  whom  "committee  proposal"  or  "individual 
petition"  has  been  filed  shall  be  printed  on  the  official  ballot  to  be  used 
by  that  party  in  the  primary,  provided  that  the  same  summary  of  prin- 
ciples or  motto  shall  appear  once  only  on  the  ballot  and  the  summary 
of  principles  or  motto  first  filed,  of  two  that  are  alike  shall  be  printed 
on  the  official  ballot  with  the  said  committee  proposal  candidates  with 
which  filed;  no  candidate's  name  shall  appear  on  the  official  primary 
ballot  more  than  once  for  the  same  office  except  judges  of  the  supreme 
and  circuit  courts. 

§  66.  Official  Primary  Ballot]  The  "official  primary  ballot"  of 
each  political  party  shall  be  separately  printed  in  black  ink  upon 
paper  of  uniform  quality  and  texture;  but  the  "official  primary  ballot" 
of  no  two  political  parties  shall  be  of  the  same  color,  or  tint,  within 
any  one  county.  The  ballots  shall  vary  in  form  and  s-ize  only  as  the 
names  of  the  candidates  and  officers  may  require. 

§  67.  Duty  of  County  Auditor — Notice  of  Color — Ballot]  The 
county  auditor  shall,  at  least  thirty  days  prior  to  the  date  of  the  pri- 
mary post  in  a  conspicuous  place  in  his  office  an  announcement  of  the 


IT 

color  of  the  official  primary  ballots  of  tlie  respective  partial  and  stiall 
also  at  least  thirty  days  prior  thereto  publish  such  announcement  for 
at  least  one  week  in  at  least  two  newspapers  of  general  circulation  in 
the  county. 

§  68.  Designation  of  Ballot]  At  the  top  of  the  ballot  shall  be 
printed  in  large  letters  words  designating  the  ballot.  If  a  repuhlican 
ballot,  the  words  shall  be  "Republican  Party  Official  Primary  Ballot." 
If  a  democratic  ballot,  the  words  shall  be  "Democratic  Party  Official 
Primary  Ballot,"  and  in  like  manner  for  each  political  party. 

§  69.  Auditor  to  Furnish  Copy  to  Printer — Ballot]  The  county 
auditors  shall  furnish  the  copy  of  the  official  ballot  to  the  printer  not 
less  than  twenty  days  prior  to  the  date  of  the  primary,  and  the  neces- 
sary number  of  official  primary  ballots  and  sample  ballots  shall  forth- 
with be  printed  at  the  expense  of  the  county. 

§  70.  Back  of  Ballot — How  Printed]  On  the  back  or  outside  of 
the  "official  primary  ballot"  so  as  to  appear  when  folded,  shall  be 
printed  the  words  "Official  Primary  Ballot,"  followed  by  the  designa- 
tion of  the  county  where  used,  the  date  of  the  primary  election  and  a 
facsimile  of  the  signature  of  the  county  auditor  of  such  county. 

§  71.  Number  of  Ballots  to  Be  Provided]  The  number  of  "offi- 
cial primary  ballots"  for  each  political  party  in  each  election  pre- 
cinct shall  be  not  less  than  seventy-five  ballots  for  each  fifty  votes  cast 
in  said  election  precinct  by  said  political  party  at  the  last  preceding 
general  election. 

§  72.  Arrangement  of  Official  Primary  Ballot  and  Form]  The 
official  primary  ballot  shall  be  so  arranged  and  printed  that  the  first 
column  to  the  left  shall  contain  the  names  of  the  offices  and  the  num- 
ber to  be  voted  for;  the  second  column  shall  contain  the  names  of 
the  independent  candidates  who  have  filed  individual  candidate  pro- 
posal by  petition;  the  third  column  shall  contain  the  principles  and 
names  of  candidates  of  the  minority  committee  proposal;  but  the  words 
"minority,"  "progressive"  or  "stalwart"  or  any  factional  label  other 
than  principles  shall  not  appear  in  the  heading;  the  fourth  and  last 
column  to  the  right  on  said  ballot  shall  contain  the  principles  and 
names  of  candidates  of  the  majority  committee  proposal;  but  the 
words  "majority,"  "progressive,"  "stalwart"  or  any  factional  label, 
other  than  principles,  shall  not  appear  in  the  heading. 

Such  official  ballot  shall  be  in  the  following  form: 


18 


19 

Article  6. — Conduct  of  Primary  Elections 

§  73.  Primary  When  Held]  The  primary  election  herein  pro- 
vided for  shall  be  held  at  the  regular  polling  place  in  each  precinct 
throughout  the  state  on  the  fourth  Tuesday  in  March,  1914,  and  bi- 
ennially thereafter,  between  the  hours  of  eight  o'clock  a.  m.  and  five 
o'clock  p.  m.,  and  any  person  entitled  to  vote  at  such  primary  election, 
v/ho  is  an  employee,  shall  be  entitled  to  the  same  privileges  from  his 
employer  for  the  purpose  of  voting  at  a  primary  election  as  are  given 
him  by  law  at  the  general  election  in  November. 

§  74.  Notice  of  Primary  Election]  Not  less  than  thirty  days 
prior  to  the  holding  of  the  primary,  the  county  auditor  shall  prepare 
a  notice  in  substantially  the  following  form: 

NOTICE  OF  PRIMARY  ELECTION 

Notice  is  hereby  given,  that  a  primary  election  will  be  held  at  the 

regular  polling  place  in  all  the  voting  precincts  of 

county.  South  Dakota,  on  the day  of  March, 

19 ,  between  the  hours  of  8  o'clock  a.  m.,  and  5  o'clock  p.  m., 

for  the  purpose  of  allowing  the  members  of  each  political  party  In  the 
state  by  their  own  separate  party  vote  to  choose  their  party  platform 
and  their  several  party  candidates  for  all  national,  state,  congressional, 
judicial,  legislative  and  county  offices,  which  are  to  be  filled  by  elec- 
tion at  the  next  general  election,  and  to  elect  their  several  national, 
state,  county  and  precinct  committeemen  and  state  party  chairman  and 
delegates  to  the  national  convention;  also  to  nominate  in  the  same 
manner,  the  several  party  candidates  for  the  office  of  United  States 
senator,  which  is  to  be  filled  by  the  next  legislature  of  this  state. 

Dated    this day    of 19 


County  Auditor. 

§  75.  Further  Duties  of  County  Auditor]  The  county  auditor 
shall,  also  at  the  expense  of  the  county,  procure  a  sufficient  number  of 
printed  copies  of  the  notice  of  the  primaries  prepared  under  the  provi- 
sions of  section  74  of  this  act,  and  shall  at  least  fifteen  days  before  the 
holding  of  the  primary,  mail  not  less  than  five  copies  thereof  to  the 
town  clerk  of  every  organized  civil  township  in  the  county  at  his  post- 
office  address;  also  to  the  clerk,  auditor  or  secretary,  as  the  case  may 
be,  of  every  incorporated  city,  town  or  village  in  his  county  a  sufficient 
number  so  that  not  less  than  five  copies  may  be  posted  in  each  voting 
precinct  in  such  city,  town  or  village.  In  all  cases  where  estab- 
lished voting  precincts  are  not  within  the  limits  of  an  organized  town- 
ship or  within  a  city,  town  or  village,  tli.e  auditor  shall,  at  the  same 
time,  mail  to  some  responsible  elector  residing  within  such  precinct, 
five  copies  of  said  notice. 

§  76.  Duties  of  Officers]  It  shall  be  the  duty  of  each  officer  or 
person  named  in  section  75  of  this  act,  upon  receiving  said  notices,  not 
less  than  ten  days  before  the  holding  of  the  primary,  to  post  the  same 
in  five  public  places  in  his  precinct,  most  likely  to  give  notice  to  the 
electors.  Upon  filing  with  the  county  auditor  proof,  that  he  posted  the 
notices  as  required,  each  of  said  persons  shall  be  paid  by  the  county 
the  sum  of  two  dollars,  provided  that  in  a  city  having  more  than  one 
voting  pi'eclnct  the  clerk  or  auditor  thereof  shall  be  paid  not  to  exceed 
fifty  cents  for  each  precinct  in  which  he  posted  the  notices. 

S  77.  Superintendent  of  Election — Duties]  The  county  auditor, 
when  appointing  Judgei  of  a  primary  under  this  act  shall  designate 


20 

one  of  the  Judges  as  superintendent  to  whom  the  primary  supplies  shall 
be  sent  by  registered  mail  or  express,  and  whose  duty  it  shall  be  to 
Inquire  for  and  obtain  the  same  at  his  postoffice  address  or  nearest 
express  office,  and  he  shall  erect  ^nd  have  ready  for  the  primary,  a 
sufficient  number  of  booths  which  shall  be  furnished  by  the  county,  to- 
gether with  such  supplies  and  conveniences  as  shall  enable  the  voter 
to  prepare  his  ballot.  The  provisions  and  rules  for  voting  shall  be  the 
same  as  now  prescribed  by  law  for  voting  at  general  elections. 

If  the  superintendent  of  election  shall  not  have  received  his  bal- 
lots and  election  supplies  three  days  prior  to  the  election  ,It  shall  be 
his  duty  to  immediately  communicate  with  the  county  auditor  and  ob- 
tain new  ballots  and  election  supplies  so  as  to  have  the  same  on 
hand  at  the  voting  place  primary  day. 

§  78.  Appointment  of  Clerks]  It  shall  be  the  duty  of  the  coun- 
ty auditor  not  less  than  sixteen  days  before  any  primary  to  appoint  two 
persons  to  act  as  clerks  of  the  primary  election  in  each  voting  precinct 
in  the  county.  He  shall  appoint  in  each  township  precinct  two  persons 
to  act  as  clerks  of  the  primary,  who  shall  be  the  school  and  civil  town- 
ship clerks;  in  villages,  towns  and  cities,  he  shall  appoint  two  qualified 
voters  to  act  as  clerks  from  the  list  submitted  by  the  municipal  board 
or  commissioners,  but  in  case  no  names  are  presented,  then  the  audi- 
tor shall  use  his  own  discretion  in  appointing  two  clerks  of  the  primary 
in  villages,  towns  or  cities  for  each  precinct. 

§  79.  Distribution  of  Election  Supplies]  The  county  auditor 
shall,  not  less  than  ten  days  before  the  holding  of  the  primary,  deliver 
to  the  superintendent  of  election  hereinafter  designated.  In  each  pre- 
cinct, a  sufficient  number  of  official  primary  ballots  to  serve  the  needs 
of  the  voters  In  each  of  the  precincts  in  the  county,  together  with  poll 
books,  large  envelopes  (which  may  be  sealed,  made  of  heavy  manilla 
paper  in  which  the  judges  are  to  place  the  counted  ballots  and  returns), 
return  blanks,  supplies  and  apparatus  herein  provided  for,  put  up  In 
separate  sealed  packages  for  each  precinct,  with  marks  on  the  outside 
clearly  designating  the  name  of  the  superintendent,  postoffice  address 
and  the  election  precinct  for  which  they  are  intended,  and  the  number 
of  ballots  enclosed  for  each  political  party,  by  registered  mail  or  ex- 
press, and  obtain  a  receipt  therefor  from  the  postmaster  or  express 
company. 

§  80.  Judges — How  Appointed]  The  county  auditor  shall,  not 
less  than  sixteen  days  before  any  primary,  appoint  judges  for  each  of 
the  several  voting  precincts  of  his  county,  and  notify  them  by  register- 
ed mail,  which  appointments  shall  be  made  from  the  personnel  consti- 
tuting the  school  and  civil  township  boards  in  each  township.  Pro- 
vided the  personnel  of  such  boards  include  representatives  of  the  po- 
litical parties  having  principles  or  candidates  in  the  primaries;  other- 
wise the  county  auditor  shall  use  his  own  discretion.  In  villages, 
towns  or  cities  where  there  are  more  than  one  voting  precinct,  the 
municipal  clerk  and  members  of  the  municipal  board  of 
commissioners  shall  by  a  majority  vote  select  three  judges 
and  two  election  clerks  of  each  voting  precinct  of  the  munici- 
pality, and  in  ample  time  before  each  primary,  submit  a  list  to  the 
county  auditor  for  his  final  appointment,  but  in  case  no  names  are 
presented,  the  auditor  shall  use  his  own  discretion.  The  judges  ap- 
pointed must  be  qualified  voters  in  the  precinct  from  which  they  are 
appointed.  Three  judges  shall  be  appointed  for  each  precinct.  If  three 
or  more  parties  have  official  ballots  for  use  In  the  primary,  one  judge 
shall  be  appointed  from  each  party  casting  the  three  highest  number  of 
votes  as  shown  by  the  returns  of  the  last  preceding  general  election 


?  ! 

If  but  two  parties  have  such  ballots  at  the  primary,  then  the  Judge 
shall  be  selected  therefrom,  and  the  party  having  a  majority  of  the 
votes  in  the  precinct  at  the  last  preceding  general  election,  shall  have 
a  majority  of  such  judges. 

§  81.  Failure  to  Qualify — Vacancy — How  Filled]  If  any  per- 
son appointed  as  a  judge  of  a  primary  election  shall  neglect  to  be 
sworn  or  to  act  as  such,  the  place  of  such  person  shall  be  filled  by  the 
electors  of  the  precinct  present  from  the  different  political  parties  as 
herein  provided  and  the  person  so  elected  to  fill  the  vacancy  shall  be 
vested  with  the  same  power  for  that  primary  as  if  appointed  judge  of 
election  by  the  county  auditor. 

§  82.  Judges  May  Administer  Oath]  The  judges  of  said  pri- 
mary election  and  each  of  them  are  hereby  empowered  to  administer 
to  each  other  and  to  the  clerks  the  oath  of  office  and  to  administer 
the  oath  to  any  voter  when  challenged. 

§  83.  Oath — Form]  Previous  to  votes  being  taken  the  Judges 
and  clerks  of  the  election  shall  severally  take  an  oath  In  the  follow- 
ing form: 

I do  solemnly  swear  (or  aflBrm,  as  the  case 

may  be)  that  I  will  perform  the  duties  of  judge  (or  clerk,  as  the  case 
may  be)  according  to  law  and  the  best  of  my  ability;  that  I  will  stud- 
iously endeavor  to  prevent  fraud,  deceit  and  abuse  in  conducting  the 
same. 

§  84.  Judges  Must  Challengt^ — When]  If  any  judge  of  the  pri- 
mary shall  know,"  or  have  reason  to  believe  that  any  person  offering  to 
vote  is  not  a  qualified  elector,  it  shall  be  his  duty  to  challenge  the  right 
of  such  person  to  vote. 

§  85.  Challenge — Oath — Form]  Any  person  may  challenge  the 
right  of  any  person  to  vote  the  ballot  of  the  party  making  the  chal- 
lenge at  the  primary.  If  the  challenge  is  made  on  the  ground  that  the 
person  offering  to  vote  is  not  a  qualified  elector  of  the  precinct,  one  of 
the  judges  shall  tender  to  him  the  oath  used  under  the  law  of  this 
state  at  a  general  election  in  a  similar  case,  accompanied  by  like  condi- 
tions. If  the  challenge  is  made  upon  the  ground  that  the  person  chal- 
lenged is  not  in  good  faith  a  member  of  the  political  party  whose  ticket 
he  requests  to  vote  at  the  primary,  one  of  the  judges  shall  tender  the 
following  oath: 

You  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  you 
are  twenty-one  years  of  age;  that  you  are  a  citizen  of  the  United  States, 
or  have  declared  your  intention  to  become  a  citizen  conformably  to  the 
laws  of  the  United  States,  that  you  have  resided  in  the  United  States 
one  year,  in  this  state  six  months,  in  this  county  thirty  days,  and  in 
this  precinct  ten  days  next  preceding  this  primary  election,  that  you 
have  not  voted  in  any  precinct  at  this  primary  election;  that  you  are 

in  good  faith  a  member  of  the party  and  a  believer 

in  its  principles  as  declared  in  the  last  preceding  national  and  state 
platforms;  and  that  you  do  now  in  good  faith  intend  to  support  the 
principles  of  that  party  and  the  candidates  nominated  by  It  at  the 
primaries  now  being  held  and  at  the  general  election. 

§  86.  Vote  May  be  Rejected — When]  If  any  person  so  chal- 
lenged shall  refuse  to  take  such  oath  or  affirmation  as  required,  his 
vote  shall  be  rejected  and  after  taking  such  oath  or  affirmation,  if  the 
judges  have  good  reason  to  believe  that  the  person  so  challenged  is  not 
qualified,  before  receiving  his  vote,  they  shall  require  him  to  subscribe 
the  oath  or  affirmation,  which  shall  be  written  out  and  presented  with 
the  poll  books  for  future  reference. 


§  87.  Challoisers  May  Be  Appointed]  In  addition  to  the  right 
of  erery  persos  present  at  a  primary  to  challenge  a  roter,  the  chair- 
man of  the  party  eonnty  central  committee  of  each  political  party 
shall  hare  the  right  to  appoint  one  challenger  in  each  precinct.  Snch 
challenger  mnst  be  an  elector  of  the  precinct  in  which  he  is  appointed 
:o  act.  He  shall  be  portected  in  the  discharge  of  his  duties  by  the 
judges  of  the  primary  and  by  peace  officers,  and  shall  be  permitted  to 
remain  within  polling  place  in  snch  position  as  will  enable  him  to  se^ 
such  person  as  he  offers  to  Tote,  and  said  challenger  may  remain  within 
-he  pollin  place  thronghont  the  canTass  of  the  vote  and  nntil  the  re- 
inms  are  signed. 

S  88.  Duty  of  Voter  and  Judges]  Erery  Toter  upon  requesting 
official  primary  election  ballots  at  any  primary,  shall  in  a  distinct  and 
audible  Toice  state  his  name  and  the  name  of  the  political  party  of 
-^bich  he  is  a  member.  The  judges  shall  keep  the  ballots  of  each  party 
separate,  and  unless  said  person  is  challenged,  as  herein  provided,  one 
of  the  judges  shall  stamp  and  deliver  to  him  the  official  ballot  belong- 
ing to  the  party  of  which  he  is  a  member,  and  the  voter  shall  take  the 
same  into  the  booth,  and  after  marking  it  as  directed  shall  fold  and 
return  the  same  to  the  judges,  one  of  whom  shall  write  the  Initials 
of  his  name  on  the  back  thereof  and  deposit  it  in  the  ballot  box. 

§  89.  Poll  Books]  A  registry  poll  book  and  duplicate  and 
copies  of  the  enrollment  list  of  each  party  shall  be  furnished  for  use 
of  the  judges  and  clerks  at  each  precinct  by  the  county  auditor  at  the 
ei^ense  of  the  eounty,  and  one  of  each  party  enrollment  list  shall  bt 
posted  in  a  conspicuous  place  in  each  precinct  polling  place. 

S  90.  Announcement  of  Opening  Polls]  Upon  the  opening  c: 
*he  poDs,  one  of  the  judges  shall  openly  announce  that  fact;  and  a* 
.east  thirty  minutes  before  the  closing  of  the  polls,  announcement  sha!. 
be  made  in  like  manner  that  the  polls  will  be  closed  in  half  an  hour 

§  91.  No  Adjoummoit  Shall  Be  Taken]  After  the  opening  o: 
the  polls  at  a  primary  election  no  adjournment  shall  be  had  nor  reces  = 
lak^  nntH  all  the  votes  cast  at  such  primary  election  have  been  count- 
ed and  canvassed. 

§  92.  Restrictions  of  General  Law  Govern]  The  votes  shall  b^ 
canvaffiQd  at  the  place  by  the  officers  and  under  the  same  rules  anc 
restrictions  that  govern  judges  with  like  duties  at  the  general  election 

S  93.  Toters — Objected  to]  No  official  primary  election  ballc 
shall  be  marked  by  the  voter  except  as  directed  thereon  f or^  the  use  o 
the  crooB  (X)  at  the  left  of  the  name  of  the  candidates  voted  for.  Of 
ficial  primary  ballots  otherwise  marked  shall  not  be  counted.  Sue: 
ballots  and  others  not  counted  by  reason  of  some  defect  therein  sha!! 
be  marked  "defective"  and  official  primary  ballots  to  which  objectior 
has  been  made  by  ^ther  of  the  judges  or  appointive  challengers  shal! 
be  marked  "objected  to"  on  the  back  thereof,  and  the  memorandur . 
signed  by  the  judges,  stating  how  it.  was  counted,  shall  be  written  upor. 
the  back  of  each  ballot  so  marked  and  all  official  primary  ballots  marl:- 
ed  "defective"  or  "objected  to"  shall  be  enclosed  in  an  envelope  an 
securely  sealed  and  ^idorsed  so  as  to  clearly  disclose  its  contents.  A:: 
offi^al  primary  ballots  not  voted,  and  all  that  have  been  spoUed  t; 
TOUTS  while  attempting  to  vote,  shall  be  returned  by  the  primary 
judges  to  the  ccmnty  auditor  and  a  receipt  taken  therefor  and  shall  be 
preserved  for  three  months. 

f  94.  Name  of  Voter  Entered  by  Clerk]  The  name  of  every 
voter  whose  vote  is  accepted  at  a  primary  election  shall  be  entered  Iz 
numerical  order  by  each  clerk  in  the  r^stry  poll  book  and  duplicate 


2S 

and  there  shall  also  be  entered  by  each  cierk,  iii  s^.  -  yo..  look  and 
duplicate,  opposite  the  name  of  each  person  voting,  in  a  colnmn  ar- 
ranged in  said  books  for  that  purpose,  a  letter  or  c:her  cesi^naiion 
showlns  the  name  of  the  political  party  vhose  t allot  Ejcn  elector 
voted,  and  in  a  colnmn  arranged  in  said  books  at  tLe  right  side  of  the 
name,  for  that  purpose,  the  number  of  the  voter  on  the  enrollment  list 
of  the  voter's  party. 

§  95.  Canvass  of  Votes]  Immediately  npon  clostng  the  polls 
the  primary  judges  shall  proceed  to  canvass  the  votes  polled  in  the 
manner  following: 

a.  They  shal  proceed  to  ascertain  the  number  of  names  entered 
npon  the  registry  poll  book  lists  for  each  i>olitical  party  separately. 

b.  They  shall  then  ascertain  how  many  ballots  have  been  de- 
posited in  the  ballot  box  for  each  political  party  separately. 

c.  If  the  number  of  ballots  of  any  political  party  exceeds  the 
number  of  names  of  voters  of  such  party  entered  upon  the  poll  books, 
said  ballots  shall  be  folded  and  replaced  in  the  ballot  box  Irom  which 
they  were  taken  and  the  box  closed  and  well  shaken  and  afialn  opened, 
and  one  of  the  judges  who  shall  be  blindfolded  shall  draw  out  of  said 
ballot  box  and  destroy  so  many  of  such  ballots  as  shall  be  equal  to  such 
excess. 

d.  They  shall  then  place  the  ballots  of  each  political  party  in 
separate  piles  and  proceed  to  m- -t  tV.^^^  . --  each  political  party  sepa- 
rately, and  as  the  judges  sh:.  a  ballot,  such  clerk  shall 
carefully  mark  upon  the  taliy  r  which  shall  be  furnish- 
ed for  the  purpose  by  the  county  auuiior,  lue  votes  which  each  candi- 
date of  the  party  whose  name  is  written  or  printed  on  sucb  ballot  has 
received,  in  a  separate  column  for  that  purpose,  with  the  name  of  the 
office  for  which  he  is  a  candidate  at  the  bead  of  such  column. 

e.  After  the  baliots  of  the  :  shall  all  have  been  read 
and  entered  in  the  tally  sheets,  ;  11  make  footings  therein 
so  as  to  show  the  total  number  wi  r  each  candidate  whose 
name  is  printed  or  written  upon  the  c  mary  ballot  of  such  poli- 
tical party  and  c*ertify  the  same  to  be  correct.  Thereupon  the  judges 
shall  set  down  in  the  registry  poll  books  in  a  space  and  form  to  be 
provided  therein  for  that  purpose  '  :  of  each  candidate  voted  for, 
written  at  full  length,  tfie  name  lice  for  which  he  Is  a  candi- 
date, the  total  number  of  votes  v.„.^„  ^  .;i  candidate  received  and  the 
total  number  of  votes  cast  by  said  political  party  at  said  primary,  and 
ihall  certify  the  same  to  be  true  and  correct;  said  entry  in  the  poll 
books  shall  be  made  in  substantially  the  following  form: 

. Party. 

At  the  primary  election  held  in  this  precinct  on  tL^: .,  . 

day  of A.  D.  19 ,  the  respectiTe  candtdatei 

whose  names  were  rrinte-l  or  written  on  the  official  primary  ballot  of 
■aid. .  _  .party,  received  the  following  rotes: 

Name  ot  cnnaiaaics  Title  of  Office  Number  of  Totet 

John  Doe  United  States  Senator  000 

Richard  Roe  Governor  OM 

(and  so  for  each  candidate.) 

Total  number  of  votes  cast  by  said..  .^..^Totes. 

5^e  hereby  certify  the  above  and  foregoing  to  ^  trne  m4  ^irec^ 


24 

Dateu  this (lay  of .  .  .  . .  . .  .A.  D.  19.  .  .  . 


Primary  Judges. 

§  96.  Official  Ballots  Must  Be  Preserved]  After  the  votes  of  a 
political  party  have  been  counted  and  canvassed  and  the  returns  certi- 
fied to,  all  the  official  primary  ballots  except  those  marked  "defective" 
or  "objected  to"  shall  be  strung  upon  a  strong  thread  or  twine  or  wire 
separately  for  each  political  party,  in  the  order  in  which  they  have  been 
read,  and  shall  thereupon  be  carefully  sealed  in  wrappers  and  endorsed 
as  follows: 

Ballots  of  the ,.  .party  cast  in 

precinct  in , .county  in  South  Dakota. 

§  97.  Poll  Books  and  Tally  Sheets  Must  Be  Delivered  to  The 
County  Auditor]  The  registry  poll  books,  with  the  certificate  of  the 
primary  judges  written  thereon,  and  the  tally  sheets,  together  with  the 
wrappers  containing  the  ballots,  shall  be  carefully  enveloped  and  sealed 
up  together,  each  party  separately,  properly  endorsed,  and  with  the  en- 
rollment lists,  certificates  of  enrollment  and. precinct  committee  elec- 
tion returns,  and  placed  in  the  hands  of  the  superintending  judge,  who 
shall  deliver  (or  give  to  one  of  the  other  judges  or  to  one  of  the  clerks 
who  shall  deliver)  the  same,  to  the  county  auditor  at  his  office  within 
three  days  after  said  canvass  has  been  completed. 

§  98.  Compensation]  Each  precinct  judge  and  clerk  perform- 
ing the  duties  at  a  primary  election  imposed  upon  him  by  this  Acl 
shall  receive  from  the  county  the  same  compensation  now  paid  to 
judges  and  clerks  of  the  general  election. 

§  99.  County  Canvassing  Board — Duties]  On  the  first  Saturday 
following  such  primary  the  county  auditor  shall,  with  the  assistance 
of  the  clerk  of  the  courts  and  coUnty  judge,  open  and  canvass  all  of 
said  returns  and  make  separate  tabulated  statements  for  each  political 
party,  which  shall  show,  in  appropriate  columns  and  under  proper 
headings,  the  total  number  of  votes  cast  in  the  county  for  each  candi- 
date whose  name  is  printed  or  written  upon  the  official  primary  bal- 
lot of  one  of  the  political  parties  and  the  same  shall  be  kept  on  file  in 
the  office  of  the  county  auditor.  Each  county  auditor  within  seven  days 
after  the  primary  election  has  been  held,  shall  forward  under  seal  to 
the  secretary  of  state  a  certified  abstract  for  each  political  party  hav- 
ing upon  its  official  primary  ballot  the  name  of  any  candidate  for  whom 
a  proposal  petition  or  committee  proposal  was  filed  in  the  office  of  the 
secretary  of  state,  showing  the  total  number  of  votes  cast  in  such 
county  at  the  primary  for  each  of  such  candidates,  which  abstract  shall 
be  signed  by  such  auditor  under  his  official  seal  and  by  the  clerk  of 
courts  under  his  official  seal  and  by  the  county  judge. 

§  100.  State  Canvassing  Board — Duties]  Immediately  upon  re- 
ceiving the  returns  from  the  county  auditors  of  all  the  counties,  as 
provided  in  the  last  section,  the  same  shall  be  canvassed  by  the  same 
Btate  officers  as  are  directed  by  the  general  election  laws  to  canvass 
returns  after  a  general  election.  Such  canvassing  boards  shall,  without 
delay,  open  the  returns  and  certify  tabulated  statements  thereof  sep- 
arately for  each  political  party.  Such  statements  shall  show,  under 
appropriate  headings,  the  total  number  of  votes  cast  for  each  candidate 
in  whose  behalf  a  committee  proposal  petition  was  filed  in  the  office  of 
th©  secretary  of  state  by  tbe  voters  of  tbe  political  party  I)efore  5?lilcli 


26 

he  stood  as  t,  candidate,  and  after  being  signed  by  the  members  of  said 
board  and  attested  by  the  great  seal  of  the  state,  shall  be  filed  In  the 
ofllce  of  the  secretary  of  state. 

§  101.  Highest  Vote  Received  Nominates]  Any  candidate  for 
nomination  whose  name  is  printed  upon  any  official  primary  ballot  who 
receives  the  highest  number  of  votes  cast  by  the  voters  of  his  party 
for  any  candidate  for  nomination  to  the  office  for  which  he  is  a  can- 
didate, shall  be  the  nominee  of  his  party  for  such  office,  and  any  can- 
didate for  national,  state,  county  or  precinct  committeeman  or  dele- 
gate to  a  national  convention  who  receives  the  highest  number  of  votes 
cast  for  any  candidate  for  election  to  the  position  for  which  he  is  a 
candidate,  shall  be  duly  elected  to  such  position. 

§  102.  Certificate  of  Nomination — How  Issued]  If  the  office  be 
an  elective  one,  for  which  his  committee  proposal  or  petition  was  filed 
in  the  office  of  the  secretary  of  state,  a  certificate  of  his  nomination 
shall  be  issued  to  such  successful  candidate  by  the  state  canvassing 
board  under  the  great  seal  of  the  state,  and  if  such  successful  candidate 
was  voted  for  as  a  party  candidate  for  nomination  to  the  office  of 
United  States  senator,  the  state  board  of  canvassers  shall  issue  him 
a  certificate  under  the  great  seal  of  the  state,  declaring  him  to  be  the 
regularly  nominated  candidate  of  his  political  party  for  the  office  of 
United  States  senator,  to  be  filled  at  the  next  regular  session  by  the  leg- 
islature of  this  sate.  To  the  person  who  received  the  highest  number 
of  votes  cast  by  his  party  at  all  the  primaries  in  this  state  for  the  posi- 
tion of  national  committeeman  or  state  chairman,  the  state  canvassing 
board  shall  issue  a  certificate  declaring  him  duly  to  be  elected  as  a 
member  of  the  national  committee  of  his  party  for  the  ensuing  four 
years  and  state  chairman  for  the  ensuing  two  years. 

§  103.  Persons  Declared  Nominated — Names  to  Appear  on  Offi- 
cial Ballot]  If  such  office  be  an  elective  one  for  which  his  committee 
proposal  or  individual  petition  was  filed  in  the  office  of  the  county  aud- 
itor, a  certificate  of  his  nomination  for  that  office  by  his  party  shall  be 
issued  to  such  successful  candidate  by  the  county  canvassing  board, 
herein  created,  under  the  seal  of  the  county. 

If  such  office  be  a  legislative  or  judicial  one,  in  a  district  compris- 
ing more  than  one  county,  then  the  canvassing  officers  of  the  counties 
in  said  district  shall  meet  the  following  Monday  after  the  canvass  of 
the  returns  in  their  respective  counties  at  the  auditor's  office  at  the 
county  seat  of  the  county  in  said  district  having  cast  the  largest  party 
vote  at  the  preceding  general  election,  and  there  complete  the  canvass 
of  said  returns  from  certificates  of  their  respective  county  canvass  for 
said  legislative  office  and  declare  the  candidate  having  received  the 
highest  number  of  party  votes  cast  for  any  of  the  candidates  for  nom- 
ination to  the  office  for  which  he  was  a  candidate,  nominated,  and  cer- 
tify said  nomination  over  the  canvassing  members  signatures  and  seal 
of  said  county  to  the  auditor  of  each  county  in  said  district. 

And  if  such  office  be  one  in  which  the  candidate  was  seeking  elec- 
tion at  the  primary  as  party  state  chairman,  national,  state  or  precinct 
committeeman  of  any  political  party  or  as  a  delegate  to  a  national  con- 
vention, the  candidate  who  received  the  highest  number  of  votes  cast 
by  the  voters  of  any  given  political  party  at  the  primary  for  any  candi- 
date for  the  same  position,  shall  be  declared  elected  to  such  position, 
respectively,  in  such  political  party  and  a  credential  or  certificate  shall 
ba  issued  to  such  successful  candidate  by  the  same  canvassing  board. 
And  all  successful  party  candidates  for  nomination  for  elective  offlcei 
whose  proposal  papers  were  filed  in  the  office  of  the  secretary  of  state 


2  6 

or  in  the  office  of  any  county  auditor,  under  the  provisions  of  this  Act, 
shall  have  their  names  as  such  candidates  printed  upon  the  official  bal- 
lot for  use  at  the  succeeding  November  election,  and  the  name  of  no 
other  party  candidate  for  the  same  offices  in  the  same  political  parties 
shall  appear  thereon. 

§  104.  Conventions  Abolished]  State  and  county  conventions 
for  the  nomination  of  party  candidates  and  principles  for  national, 
state,  judicial,  county  and  legislative  offices,  and  party  representatives, 
committeemen  and  delegates,  are  hereby  abolished. 

§  105.  Tie  Vote]  In  case  of  a  tie  vote,  the  tie  shall  be  deter- 
mined by  lot  by  the  canvassers. 

§  106.  Duty  of  Attorney  General]  It  shall  be  the  duty  of  the 
attorney  general  and  secretary  of  state  on  or  before  July  1st,  after  the 
enactment  of  this  act,  to  prepare  all  forms  necessary  to  carry  out  the 
provisions  of  the  Act. 

§  107.  Holiday]  The  days  herein  appointed  for  holding  pri- 
mary elections  shall  be  legal  holidays. 

§  108.  Vacancies  in  Legislative  Districts — How  Filled]  If  for 
any  reason,  after  a  nomination  as  a  party  candidate  for  legislative 
office  from  a  district  comprising  more  than  one  county  has  been  made, 
a  vacancy  shall  occur,  such  vacancy  shall  be  filled  by  the  joint  action 
of  the  party  county  central  committees  of  such  party  of  the  counties 
comprising  such  legislative  district. 

§  109.  Vacancies — How  Filled]  If  for  any  reason  after  a  nom- 
ination of  a  party  candidate  or  election  of  a  party  candidate  for  a 
party  position  as  provided  for  in  this  Act  has  been  made,  a  vacancy 
shall  occur  on  or  before  the  date  of  holding  the  general  election,  such 
vacancy  shall  be  filled  by  the  party  state  central  committee,  in  case  of 
state  and  congressional  offices,  and  the  party  county  central  commit- 
tee In  case  of  county  and  legislative  offices,  or  members  of  the  party 
central  committees  from  the  circuit  where  the  vacancy  exists. 

S  110.  General  Election  Laws  Govern — When]  The  provisions 
of  the  statute  now  in  force  in  relation  to  holding  of  elections,  the  so- 
licitation of  voters  at  the  polls,  the  bribing  or  attempting  to  bribe 
voters,  the  sale  of  Intoxicating  liquors  in  the  voting  precincts,  the  man- 
ner of  conducting  elections  and  all  other  kindred  subjects  shall  apply 
to  all  primary  elections  held  under  the  provisions  of  this  act,  in  so  far 
as  they  are  consistent  with  the  same,  the  intent  of  this  act  being  to 
place  the  primary  election,  except  where  otherwise  provided,  under  the 
regulations  and  protection  of  the  laws  now  in  force  as  to  general 
elections. 

Article  7. — Official  Party  Endorsement  of  United  States  Senator  and 
Appointive  Government  Positions  Other  Thau  Postmasters 

S  111.  Party  Endorsement  of  United  States  Senator]  The  en- 
dorsement by  popular  vote  of  a  party  candidate  for  United  States  sen- 
ator, as  provided  by  this  Act  and  the  issuance  to  such  candidate  of  a 
certificate  of  nomination  as  herein  provided  shall  have  the  force  and 
effect  of  an  Instruction  to  such  members  of  the  legislature  of  the  same 
political  party  as  such  candidate  as  were  nominated  at  the  same  pri- 
mary election  to  vote  for  and  support  such  candidate  in  the  legislature 
for  the  office  of  United  States  senator. 

S  112.  Official  Party  Endorsement — to  Appointive  Offices]  Any 
party  elector  yho  wishei  to  become  a  candidate  for  an  appointiva  gov- 


ernment  position,  state  or  federal,  except  postmaster,  which  Is  other- 
wise provided  for  in  this  Act,  may  file  his  written  application  for  the 
official  party  endorsement  for  the  office  for  which  he  is  a  candidate, 
stating  therein  his  party  affiliation,  with  the  secretary  of  state  after  any 
primary  election  date,  and  before  the  following  general  election  date. 

§  113.  Duty  of  Secretary  of  State — Party  Endorsement  Record] 
It  shall  he  the  duty  of  the  secretary  of  state,  for  the  purpose  of  preserv- 
ing a  record  of  applications  for  appointive  government  positions  refer- 
red to  in  Section  112  of  this  Act  to  prepare  and  keep  in  his  office  a  suit- 
able record  book  of  official  party  endorsements  in  which  all  said  appli- 
cations for  official  party  endorsement  shall  be  entered  as  received,  and 
from  which  they  shall  prepare  and  cause  to  be  printed  within  ten  days 
after  the  general  election  date,  a  separate  list  of  such  applicants  of 
each  party,  giving  the  name,  address  and  position  for  which  each  can- 
didate has  applied,  and  mail  one  copy  of  the  same  to  each  member  of 
the  party  state  central  committee,  including  its  chairman  and  secretary. 

§  114.  Official  Party  Endorsement — How  Determined]  The 
party  state  central  committee,  interested,  including  its  chairman  and 
secretary  and  national  committeeman,  shall  meet  in  the  senate  chamber 
at  the  state  capitol  at  ten  o'clock  a.  m.,  on  the  second  Tuesday  of  De- 
cember after  the  general  election,  and  the  members  present  shall  con- 
stitute a  quorum,  and  shall,  at  all  times,  act  in  public  session  and  with- 
out sub-committees,  as  a  committee  of  the  whole,  hearing  applicants 
and  receiving  written  recommendations  from  party  electors,  and  shall 
proceed  by  ballot  and  majority  vote  to  determine  who  shall  receive  the 
official  party  endorsement  as  the  recommendation  of  the  party  for  any 
state  and  federal  appointive  government  position.  The  chairman  and 
secretary  of  said  committee  shall  certify  to  such  endorsement  in  writ- 
ing and  forward  the  same  immediately  for  consideration  to  the  person 
having  the  appointive  power  in  state  positions,  and  to  each  of  the  Unit- 
ed States  senators  and  congressmen  in  federal  positions  as  the  official 
party  recommendation,  and  shall  send  a  copy  of  the  same  to  the  secre- 
tary of  state,  who  shall  enter  the  same  in  the  record  book  of  official 
party  endorsements.  Each  member  of  such,  interested,  party  state 
central  committee  including  its  state  chairman  and  secretary  and  na- 
tional committeeman,  who  shall  attend  such  meeting  shall  receive  pay- 
ment of  five  cents  per  mile  for  each  mile  necessarily  traveled  in  going 
to  and  returning  from  said  meeting  by  filing  a  written  receipted  sworn 
statement  thereof  with  the  secretary  of  state  who  shall  deliver  «ame 
to  the  state  auditor  who  shall  see  to  its  auditing  and  forward  a  warrant 
therefor,  to  the  person  who  filed  such  statement,  it  being  the  Intention 
hereof  that  the  state  shall  pay  all  expenses  of  mileage  herein  provided. 

Any  official  party  endorsement  desired  by  any  party  elector  as  a 
recommendation  to  fill  vacancies  occurring  during  the  interim  of  bi- 
ennial meetings  of  the  party  state  central  committee  shall  be  given  by 
a  majority  of  the  party  state  chairman  and  national  committeeman  and 
the  chairman  of  the  applicants  county,  and  a  copy  of  their  endorsement 
shall  likewise  be  filed  with  the  secretary  of  state. 

Article  8. — Postmaster  Primary 

§  115.  Municipal  Endorsement  of  Party  Candidates  For  Post- 
master by  Primary]  The  official  municipal  endorsement  of  any  party 
candidates  for  postmaster  may  be  determined  by  postmaster  primary  in 
villages,  towns  or  cities,  as  follows: 

§  116.  Notice  of  Expiration  of  Postmaster  Commission  or  Vacan- 
cies]    It  shall  be  the  duty  of  the  party  county  chairman  of  the  party 


^"'  2  8 

national  administration  In  power,  ninety  days  prior  to  the  expiration 
of  any  postoffice  commission  in  any  municipality  in  his  county,  or  im- 
mediately upon  any  vacancy  occurring  to  post  notices  in  the  manner 
provided  in  Section  9  of  this  Act,  for  the  holding  of  a  postmaster  pri- 
mary, to  take  place  on  the  sixteenth  day  after  the  posting  of  the  notice. 
Said  notice  shall  contain  the  name  of  the  postoffice,  the  date  of  expira- 
tion of  commission  or  the  vacancy  occurred,  the  date  set  for  holding 
the  postmaster  primary  and  the  date  on  or  before  which  petition  of 
candidates  must  be  filed,  with  the  municipal  clerk,  said  notice  shall  be 
signed  by  the  party  county  chairman. 

§  117.  Candidates  in  Postmaster  Primary — How  to  File]  Any 
enrolled,  resident  party  elector  may  become  a  candidate  for  postmaster 
by  filing  a  petition  with  the  municipal  clerk,  together  with  executed 
declaration  of  the  candidate,  in  the  form  hereinafter  provided,  signed 
by  not  less  than  ten  per  cent  or  more  than  fifteen  per  cent  of  the  resi- 
dent party  electors  of  such  municipality.  All  candidates  and  signers 
upon  petitions  of  persons  for  municipal  endorsement  for  postmaster 
shall  be  limited  to  enrolled  party  electors  of  the  party  national  admin- 
istration in  power. 

§  118.  Duty  of  Municipal  Clerk — Postmaster  Primary]  It  shall 
be  the  duty  of  the  municipal  clerk,  in  the  event  of  more  than  one  party 
elector  filing  for  the  municipal  endorsement  for  postmaster  in  any  mu- 
nicipality, to  prepare  and  cause  to  be  printed  an  official  municipal  post- 
master primary  ballot,  under  the  Australian  ballot  system,  containing 
only  the  names  of  candidates  of  that  party  having  filed  proposal  peti- 
tions as  provided  for  in  section  117  of  this  act,  and  furnish  an  adequate 
number  of  such  ballots  to  the  officers  of  the  postmaster  primary  to 
supply  all  voters  in  each  precinct  of  his  municipality;  also  to  furnish 
poll  books  and  necessary  election  supplies;  also  to  appoint  judges  and 
clerks  for  holding  said  postmaster  primary.  In  the  event  of  only  one 
candidate  filing  a  petition  no  postmaster  primary  shall  be  held. 

§  119.  Expense  of  Postmaster  Primary — How  Paid'  The  en- 
tire expense  of  such  postmaster  primary  shall  be  paid  by  the  munici- 
pality in  which  it  is  held,  and  the  clerk  shall  receive,  audit  and  present 
all  bills  in  connection  therewith  to  the  municipal  board  for  payment. 

§  120.  Time  of  Filing  Petitions  Limited]  All  petitions  of  can- 
didates must  be  filed,  as  herein  provided,  not  later  than  the  sixth  day 
before  date  of  postmaster  primary. 

§  121.  Pastmaster  Primary — How  Conducted]  The  provisions 
of  this  Act  governing  the  March  primary  election,  except  as  to  qualifi- 
cation of  voters,  the  hours  of  opening  and  closing  of  the  polls;  duties 
of  election  officers;  counting  of  the  vote  and  making  return  thereon, 
shall  apply  to  postmaster  primaries  as  far  as  applicable,  except  that  the 
return  of  the  vote  shall  be  made  to  the  municipal  clerk  and  the  judges 
and  clerks  receive  but  two  dollars  per  day. 

§  122.  Canvassing  the  Vote — Issuing  Endorsement  Certificate] 
The  municipal  recording  officer,  party  county  chairman  and  secretary 
shall  constitute  the  canvassing  board  of  the  returns  of  postmaster  pri- 
mary, and  upon  canvassing  the  vote,  shall  issue  to  the  candidate  for 
official  municipal  endorsement  for  postmaster  who  received  the  ma- 
jority vote,  if  only  two  candidates  filed,  and  in  the  event  three  or  more 
candidates  filed,  then  to  the  candidate  who  received  the  highest  total 
number  of  first  and  second  choice  votes  added,  an  official  muni- 
cipal party  endorsement  certificate  addressed  to  the  congressmen  at 
large,  or  of  the  district,  setting  forth  that  an  official  postmaster  pri- 
mary has  been  held  by  the  voters  of  that  municipality,  and  that  the 


1!9 

party  elector  named  therein  has  received  the  highest  vote  for  post- 
master of  that  municipality  and  respectfully  recommending  him  tor 
that  position,  which  certificate  shall  be  forwarded  to  the  congressmen. 

§  123.  Certificate  of  Municipal  Endorsement  of  Party  Candi- 
dates— To  Whom  Sent  When  No  Party  Representative  in  Congress] 
In  the  event  that  there  is  no  congressman  from  this  state  of  the  same 
party  affiliation  as  the  party  national  administration  in  power,  then, 
and  in  that  event,  the  above  official  municipal  endorsement  certificate 
shall  be  addressed  to  the  president  in  case  of  presidential  postofflces, 
and  to  the  second  assistant  postmaster  general  in  case  of  fourth  class 
postoffices,  and  said  certificates  shall  be  forwarded  to  the  party  na- 
tional committeeman  in  the  state,  who  shall  forward  the  same  to  the 
party  national  chairman  at  Washington,  D.  C. 

§  124.  The  postmaster  primary  proposal  petition  shall  be  in  sub- 
stantially the  following  form: 

We,   the   undersigned,    qualified,    enrolled   party   electors   of   the 

party,  do  hereby  propose who  is  a 

resident  of and  who  is  a  member  of  the  party  for  the 

position  of  postmaster  of  the postoffice,  to  be 

voted  for  at  the  municipal  postmaster  primary  to  be  held  on  the 

day  of and  we,  and  each  of  us,  for  himself  severally, 

do  further  declare  that  we  intend  to  support  the  candidate  herein 
named  at  said  postmaster 'primary. 

Name  of  Signers  Postoffice  Precinct  Date  of  Signing 


DECLARATION   OF   CANDIDATE 

I  hereby  declare,  if  endorsed  and  appointed,  I  will  qualify  and 
obey  any  party  recall,  if  invoked  agaiinst  me. 
Signature  q^  Candidate  Residence  Postoffice  Address 


§  125.  The  Postmaster  Primary  Ballot  shall  be  in  the  following 
form: 

MUNICIPAL    POSTMASTER    PRIMARY    BALLOT 

South  Dakota. 

To  vote  for  a  person,  if  only  two  candidates  names  appear  on  the 
ballot,  mark  a  cross  (X)  in  the  square  to  the  left  of  his  name.  If  more 
than  two  candidates  names  appear  on  the  ballot,  vote  your  first  choice 
by  marking  a  cross  (X)  in  the  square  at  the  left  of  the  name  of  the 
candidate,  and  vote  your  second  choice  of  candidates  by  marking  an- 
other cross  (X)  in  the  square  at  the  right  of  the  name  of  another  can- 
didate. 


C^hoice'l                                J^OR    POSTMASTER                                  ^-^^^ 

1                                        John  Doe                                        |               | 

1              |.                                   Richard  Roe                                    |              | 

Article  9. — Party  Recall 

§  126.  How  and  When  Invoked]  In  the  event  any  public  offi- 
cial elected  upon  a  party  platform  of  principles  to  which  he  is  pledged 
to  adhere  shall  fail  during  the  term  of  his  office  to  support  or  advocate 
by  vote  or  act  the  principles  of  the  party  platform  on  which  he  was 
elected,  or  in  case  any  public  officer  elected  or  appointed  who  obtained 
his  office  through  party  election  or  party  endorsement  is  charged  with 
misconduct,  or  malfeasance,  or  crime,  or  misdemeanor  in  office,  or  with 
drunkenness,  or  gross  incompetency,  or  habitual  or  wilful  neglect  of 
duty,  the  party  recall  may  at  any  time  be  invoked  against  him  as  fol- 
lows: 

A  petition  signed  by  thirty-three  (33)  per  cent  of  the  electors  of 
his  party  within  the  district  from  which  he  was  elected  or  appointed 
giving  the  postoffice  address,  precinct  and  county  and  date  of  signing 
shall  be  filed  with  the  secretary  of  state,  and  a  copy  thereof  with  the 
party  state  chairman,  in  case  of  state  or  federal  offices,  and  with  the 
county  auditor,  and  a  copy  thereof  with  the  party  county  chairman  in 
case  of  county  offices,  or  with  the  municipal  clerk,  and  a  copy  thereof 
with  the  party  county  chairman,  in  case  of  municipal  offices. 

§  127.  Complaint  Must  Accompany  Petition]  There  shall  be 
filed  with  said  petition  a  complaint  in  writing  setting  out  specifically 
the  charges  made  against  the  said  public  offi,cer,  which  complaint  shall 
be  verified  by  at  least  twelve  of  the  petitioners,  and  a  copy  of  the  said 
petition  and  complaint  shall  be  immediately  personally  served  upon  the 
officer  against  whom  the  party  recall  is  invoked. 

§  128.  Party  Committee  to  Have  Jurisdiction]  Authority  and 
jurisdiction  is  hereby  vested  in  the  party  state  central  committee  in 
case  of  state  and  federal  offices,  and  in  the  party  county  central  com- 
mittee in  case  of  county  and  municipal  offices,  to  hear  the  said  com- 
plaint and  try  and  determine  th^  charges  therein  made  against  its  own 
party  members. 

§  129.  Party  Chairman  to  Fix  Date  of  Party  Central  Committee 
Hearing]  Upon  the  filing  of  said  petition  and  complaint,  as  provided 
herein,  it  shall  be  the  duty  of  the  state  or  county  party  chairman  as 
the  case  may  require,  to  forthwith  set  the  time  and  place  where  he  and 
his  committee  will  hear  the  said  charges,  which  date  shall  not  be  less 
than  ten  nor  more  than  thirty  days  from  the  date  of  notice  thereof 
upon  the  officer  charged  in  the  complaint. 

§  130.  Notice  of  Party  Central  Committee  Hearing — How  Serv- 
ed] When  the  party  chairman,  state  or  county,  shall  have  fixed  a 
date  for  the  hearing,  he  shall  give  immediate  notice  thereof  by  regis- 
tered mail  to  each  member  of  his  committee  and  a  copy  of  the  com- 
plaint shall  accompany  such  notice,  which  notice  shall  contain  the  date, 
.hour,  and  place  of  said  hearing,  and  he  shall  serve  a  copy  of  said  no- 
tice, by  registered  mail,  upon  the  officer  charged  in  the  complaint. 

§  131.  Party  Central  Committee  Hearing — How  Conducted] 
Upon  the  day  set  for  hearing,  the  members  of  the  party  central  com- 
mittee present  shall  be  first  sworn  to  try  the  issue  raised  by  the  com- 
plaint in  the  same  manner  as  now  provided  for  swearing  petit  jurors 
and  the  chairman  of  said  committee  or  any  member  of  said  committee 
elected  by  a  majority  of  said  hearing  in  place  of,  or  in  the  absence  of 
■aid  chairman  shall  preside  at  the  hearing  and  administer  all  oaths. 
The  party  electors  petitioning  may  appear  by  counsel  and  the  officer 
charged  by  his  counsel,  and  the  party  chairman  and  his  committee  shall 
proceed  in  the  manner  usually  followed  in  judicial  proceeding!  to  hear 


the  evidence  which  shall  be  given  under  oath  and  to  examine  witnesses, 
and  to  make  a  record  thereof  if  demanded  and  paid  for  and  enter  such 
decision  as  the  facts  and  justice  shall  require.  The  decision  of  a  two- 
thirds  majority  of  the  committee  present  shall  he  final  and  if  the 
charges  be  sustained,  formal  findings  shall  be  prepared  and  certified  by 
the  chairman  and  secretary  of  the  committee  and  served  upon  the  offi- 
cer charged  and  with  it  shall  be  served  as  the  official  party  recall  a  for- 
mal request  signed  by  the  party  chairman  and  secretary  that  he  resign 
from  said  office,  as  promised  in  his  written  declaration  as  a  party  can- 
didate. If  the  charges  be  not  sustained,  the  complaint  shall  be  dismiss- 
ed and  notice  thereof  served  upon  the  officer  charged,  signed  by  the 
party  chairman  and  secretary. 

§  132.  Expense  of  Party  Recall — How  Paid]  The  entire  ex- 
pense of  invoking  the  party  recall  as  herein  provided,  except  the  ex- 
pense of  the  record  shall  be  paid  by  the  state  in  case  of  state,  congres- 
sional and  federal  offices,  and  by  the  county  in  case  of  county  and  leg- 
islative offices,  and  by  the  municipality  in  case  of  municipal  offices. 

§  133.  Auditing  of  Fees  and  Expenses — Party  Recall]  Each 
member  of  the  party,  state  and  county  central  committees,  as  the  case 
may  be,  including  the  chairman  and  secretary,  shall  be  paid  at  the  rate 
of  two  dollars  per  diem  for  each  day  necessarily  spent  in  said  hearings 
and  five  cents  per  mile  for  each  mile  necessarily  traveled  in  going  to 
and  returning  from  said  hearings.  The  party  chairman  having  juris- 
diction shall  audit  all  bills  and  file  the  same  with  the  secretary  of  state, 
or  county  auditor,  or  municipal  clerk,  as  the  case  may  require,  who 
shall  present  the  same  to  the  proper  board  for  payment,  which  shall 
allow  the  same  and  order  them  paid  out  of  the  respective  general  funds. 

Article  10. — Official  State  Publicity  Pamphlet 

§  134.  There  shall  be  compiled  and  published  by  the  secretary 
of  state,  an  official  state  publicity  pamphlet  for  general  distribution  to 
the  electorate  of  the  state,  at  least  thirty  days  prior  to  the  general 
primary  date,  as  hereinafter  provided. 

§  135.  Restriction  of  Matter  in  Publicity  Pamphlet]  It  shall  be 
the  duty  of  the  secretary  of  state,  in  addition  to  the  filing  and  recording 
in  the  political  record  book,  the  platform,  principles,  the  individual 
petitions  and  committee  proposals  of  all  party  candidates,  to  also  re- 
ceive and  file  a  biography  of  not  over  200  words,  and  a  half  tone  oval 
cut  2 1/.  inches  by  3  %  inches  in  size,  of  any  candidate,  provided  the  said 
candidate-  shall  deposit  with  the  secretary  of  state,  together  with  his 
biography  and  cut  the  sum  of  $100,  or  fifty  dollars  for  either  cut  or 
biography,  to  defray  expenses  of  publication.  It  shall  be  his  duty  also 
to  receive  and  file  written  arguments  in  support  of  platform  principles 
from  each  committee  group  of  candidates,  limited  to  800  words,  also 
written  arguments  by  any  independent  party  candidate,  limited  to  200 
words,  all  of  which  must  be  filed  more  than  sixty  days  before  the  date 
of  the  party  primary.  The  secretary  of  state  shall  immediately  compile 
and  prepare  for  publication  the  material  so  filed,  "the  Publicity  Pam- 
phlet" in  size  six  inches  by  nine  inches,  to  be  set  in  eight  point  solid 
type,  thirty  picas  wide,  type  size  of  page  to  be  30  picas  by  47  picas. 
Each  person's  cut  and  biography,  if  any,  to  occupy  one  page  and  no 
more.  No  platform  proposals  or  arguments  shall  contain  any  personal 
attack  of  character  upon  anyone  and  it  shall  be  the  duty  of  the  secre- 
tary of  state  to  see  to  it  that  none  are  printed  in  the  state  publicity 
pamphlet.  No  charge  shall  be  made  for  publication  of  any  matter 
herein,  except  for  the  cut  and  biography  of  the  candidate,  as  above 
provided;  the  front  and  title  page  to  read  as  follows: 


32 

OFFICIAL   STATE   PUBLICITY   PAMPHLET 

Published  by  the  State  of  South  Dakota 

Principles  and  arguments  of  Candidates  in  Party  Primaries  to  be 
held  on  the  Fourth  Tuesday  in  March,  19 

§   136.     Arrangement  of  Publicity  Pamphlet: 

a.  Pamphlet  Arranged  by  Parties]  It  shall  be  the  duty  of  the 
secretary  of  state  to  arrange  all  party  platform  principles,  names  of 
candidates,  cuts  and  biographies,  and  arguments  of  party  candidates, 
of  each  party  separately  under  the  general  heading  of  the  party  name. 

b.  Arrangement  of  Candidates  Within  the  Party]  Independent 
candidates  names  and  principles  come  first,  followed  by  minority  com- 
mittee proposals,  and  last  by  the  majority  committee  proposal,  under 
each  party  heading. 

c.  Arrangement  of  Parties  in  the  Pamphlet]  The  political  party 
for  which  the  smallest  vote  was  cast  for  governor  at  the  preceding 
election  shall  have  its  candidates  and  platform  published  first  in  the 
publicity  pamphlet.  The  party  receiving  the  next  lowest  vote  for  gov- 
ernor at  the  preceding  election  shall  have  its  candidates  and  platforms 
published  next,  and  so  on,  until  the  party  which  had  the  largest  vote  for 
governor  at  the  preceding  election  shall  appear  last  in  said  publicity 
pamphlet. 

§  137.  Printing  and  Distribution]  The  secretary  of  state  shall 
furnish  the  printer  the  copy  for  the  said  publicity  pamphlet  fifty-eight 
days  prior  to  the  primary  date,  and  shall  cause  the  same  to  be  printed, 
together  with  suitable  envelopes,  and  forward  the  same  by  express  in 
numbers  equal  to  the  total  vote  cast  in  each  county  at  the  preceding 
election  for  governor,  with  two  hundred  extra  copies  to  each  county 
auditor  in  the  state,  at  the  entire  expense  of  the  state,  thirty  days 
prior  to  the  primary  date. 

§  138.  Duty  of  County  Auditor — Mailing  Publicity  Pamphlet] 
It  shall  be  the  duty  of  the  county  auditor  to  immediately  upon  receipt 
of  the  publicity  pamphlet  from  the  secretary  of  state,  to  cause  the  same 
to  be  placed  in  the  accompanying  envelopes  and  addressed  and  mailed, 
postage  prepaid,  as  third  class  mail  matter,  to  each  elector  in  his  county 
according  to  the  poll  lists  of  the  preceding  election  and  addresses  ob- 
tainable in  his  office.  The  expenses  of  mailing  the  publicity  pamphlet 
shall  be  paid  by  the  county. 

Article   11. — Violations,   Penalty   and   Contests 

§  139.  Enrollment]  Any  person  making  a  false  statement  in 
relation  to  his  qualification  as  an  enrolled  elector  at  said  primary,  shall, 
upon  conviction  therefor,  be  fined  in  a  sum  not  exceeding  two  hundred 
dollars  or  imprisoned  in  the  state's  prison  not  exceeding  three  months, 
and  the  court,  may  in  its  discretion  impose  both  such  fine  and  impris- 
onment; and  for  the  violation  of  any  of  the  provisions  of  Article  2  of 
this  Act  by  an  enrollment  officer,  he  shall  be  subject  to  a  like  fine  and 
Imprisonment.  Any  person  who  shall  cause  his  name  to  be  enrolled 
in  more  than  one  election  precinct,  or  who  shall  cause  his  name  to  bo 
enrolled,  knowing  he  is  not  a  qualified  elector  in  the  precinct  where 
such  enrollment  is  made,  or  shall  falsely  impersonate  any  enrolled 
voter,  and  any  person  aiding  or  abetting  him  in  any  manner  In  either 
of  said  Acts    hall  be    unished  for  each  and  every  offense  by  Imprison- 


83 

ment  in  the  county  Jail  for  not  less  than  two,  or  more  than  five  months. 
Any  person,  who  shall  at  any  primary  knowingly  insert  any  name  in 
said  enrollment  list  contrary  to  the  provisions  of  this  Article,  or  make 
any  false  statements  in  said  list,  shall,  on  conviction  therefor,  be  pun- 
ished by  imprisonment  in  the  county  jail  for  not  less  than  two  months 
or  more  than  five  months.  Any  judge  or  clerk  of  any  primary  who 
shall  willfully  violate  any  of  the  provisions  as  to  the  enrollment  of 
party  electors,  or  be  guilty  of  any  fraud  in  the  execution  of  the  duties 
of  his  ofRce,  shall,  upon  conviction  thereof,  be  punished  by  imprison- 
ment in  the  county  jail  not  less  than  two  or  more  than  five  months. 

§  140.  Person  Knowing  Himself  Not  to  Be  Qualified]  Any  per- 
son knowing  himself  not  to  be  a  qualified  elector  who  votes  or  offers 
to  vote  at  any  primary,  is  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof,  shall  be  punished  by  a  fine  not  exceeding  two  hundred 
dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  six  months. 

§  141.  Illegal  Voting — Penalty]  Every  person  who  votes  or 
offers  to  vote  illegally  at  any  primary  election  within  this  state  shall 
be  punished  by  a  fine  not  exceeding  five  hundred  dollars  or  by  impris- 
onment in  the  county  jail  not  exceeding  six  months. 

§  142.  Perjury]  If  any  person  so  challenged  shall  take  the 
oath  provided  for  in  this  Act,  knowing  the  same  to  be  false,  he  shall 
be  deemed  guilty  of  wilful  and  corrupt  perjury,  and  shall,  on  con- 
viction, suffer  such  punishment  as  now  is  or  shall  hereafter  be  pre- 
scribed by  law  for  persons  guilty  of  perjury. 

§  143.  Interference  Prohibited]  It  shall  be  unlawful  for  any 
person  who  is  a  member  of  one  political  party  to  in  any  way  interfere 
with  the  voting  of  any  other  political  party  at  any  primary,  or  in  any 
way  to  obstruct  the  voting  of  any  elector  at  such  primary  or  to  create 
any  disturbance,  or  to  in  any  way  intimidate  any  elector  from  attend- 
ing at  any  primary  or  voting  thereat.  Any  person  violating  the  provi- 
sions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  pun- 
ished accordingly. 

S  144.  Unlawful  tj  Vote  Unless  Qualified — Penalty]  It  shall  be 
unlawful  for  any  person  noi  a  qualified  elector  of  the  ward  or  precinct 
in  which  any  primary  is  held  to  vote  in  any  manner  or  on  any  question 
which  may  come  before  said  primary.  Any  person  who  shall  violate 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  punished  accordingly. 

§  145.  Unlawful  to  Vote  More  Than  Once — Penalty]  Any  per- 
son who  votes  more  than  once  at  any  primary  or  offers  to  vote  more 
than  once,  either  in  the  same  or  any  other  precinct,  is  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars  or  by  imprisonment  in  the  county 
jail  not  exceeding  one  year. 

§  146.  Solicitation  of  Illegal  Votes — Penalty]  Every  person 
who  procures,  aids,  assists,  counsels  or  advises  another  to  give  his  vote 
at  any  primary  knowing  that  such  person  is  disqualified,  is  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars  or  by  imprisonment  in  the  county 
jail  not  exceeding  thirty  days. 

§  147.  Person  Knowing  Himself  Not  to  Be  Qualified — Penalty] 
Any  person  knowing  himself  not  to  be  a  qualified  elector,  who  votes  or 
offers  to  vote  at  any  primary,  is  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  two  hun- 
dred dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months. 


54 

§  148.  Inducing  Persons  to  Vote  In  Other  Precincts — Penalty] 
Every  person  who  procures  or  counsels  another  to  enter  any  town, 
ward  or  voting  precinct  for  the  purpose  of  giving  his  vote  at  the  pri- 
mary, knowing  that  such  person  is  not  entitled  to  vote,  is  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars  or  by  imprisonment  in  the  county  jail 
not  exceeding  thirty  days. 

§  149.  Voting  in  Precincts  in  Which  One  Does  Not  Reside — Pen- 
alty] Every  person,  who  at  any  primary  knowingly  votes  or  offers  to 
vote  in  a  precinct  in  which  he  does  not  reside  or  in  which  he  is  not 
authorized  by  law  to  vote,  and  any  person  who  knov/ingly  votes  the 
primary  election  ballot  of  a  political  party  of  which  he  is  not  a  member, 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  not  exceeding  one  hundred  dollars  or  by  imprisonment 
in  the  county  jail  not  exceeding  thirty  days. 

§  150.  Intoxicating  Liquors  Prohibited]  Every  person  who 
sells,  gives  away  or  disposes  of  any  intoxicating  liquors  as  a  beverage 
on  the  day  of  any  primary  election,  in  this  state,  is  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of 
not  exceeding  one  hundred  dollars  or  by  imprisonment  in  the  county 
jail  not  more  than  thirty  days. 

§  151.  False  Returns — Penalty]  Any  judge  or  clerk  of  a  pri- 
mary election  or  any  member  of  any  board,  county  or  state  whose  duty 
it  shall  be  to  keep,  make,  deliver  or  canvass  returns  of  any  primary  or 
primaries,  who  shall  knowingly  and  willfully  make  any  false  canvass, 
count,  or  certificate  abstract,  summary  list  or  return,  or  who  shall 
knowingly  and  willfully  alter  or  change  the  same  after  being  correctly 
made,  or  who  shall  fail  to  preserve,  forward  and  deliver  any  returns 
entrusted  to  him  for  that  purpose,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  be  punished  by  a  fine  not  ex- 
ceeding five  hundred  dollars  or  by  imprisonment  in  the  county  jail  not 
exceeding  one  year  or  both  in  the  discretion  of  the  court. 

§  152.  Limitation  of  Expenses  of  Candidates  and  Committees] 
The  expense  of  any  candidate  at  any  primary  shall  be  limited  to  pay- 
ments for  food,  clothing,  lodging,  transportation,  public  speaking, 
printing,  hall  rent,  office  rent,  clerk  hire,  stationery  and  postage  and 
candidates  must  keep  an  itemized  account  of  all  such  campaign  ex- 
penses and  to  whom  paid  and  file  a  verified  itemized  statement  thereof 
in  the  office  of  the  secretary  of  state  or  county  auditor  as  the  case  may 
require;  but  no  candidate  or  committee  or  organization  shall  be  allow- 
ed to  pay  any  moneys  or  other  consideration  for  transporting  voters 
to  or  from  the  polling  places  at  primary  elections. 

§  153.  Contests — How  Made  and  Decided]  Any  candidate  for 
nomination  to  any  elective  office  or  for  any  party  position,  whose  name 
appears  on  the  official  primary  ballot  of  any  political  party,  may  con- 
test the  primary  election  as  to  the  office  or  position  for  which  he  was  a 
candidate  for  nomination  or  election  by  filing  with  the  clerk  of  the  cir- 
cuit court  of  the  county  in  which  his  proposal  petition  was  filed,  a 
complaint  in  writing  within  ten  days  after  the  returns  have  been  can- 
vassed by  the  county  canvassing  board  or  boards,  setting  forth  the 
grounds  of  his  contest,  which  complaint  shall  be  verified  by  the  com- 
plainant. Authority  and  jurisdiction  are  hereby  vested  in  the  circuit 
court  to  hear  and  determine  such  contests.  When  a  complaint  has  been 
filed,  it  shall  forthwith  be  presented  to  the  judge  of  the  circuit  in  which 
it  is  filed,  who  shall  note  thereon  the  day  of  presentation  and  also  the 
day  and  place  when  he  will  hear  the  same,  which  shall  not  be  more 


than  ten  daya  thereafter.  The  candidate  who  appears  upon  the  face 
of  the  returns  to  have  been  elected,  or  to  whom  a  certificate  of  nomi- 
nation has  been  issued,  shall  be  named  as  defendant.  When  the  court 
has  fixed  the  day  for  hearing  the  complaint,  order  fixing  such  hearing 
shall  be  personally  served  upon  the  defendant.  The  defendant  must 
answer  on  or  before  the  day  of  hearing.  The  cause  may  be  heard  and 
determined  by  the  court  in  term  time,  or  by  the  judge  thereof  in  vaca- 
tion, and  shall  have  preference  in  order  of  hearing  to  all  other  cases. 
The  complainant  shall  give  security  for  all  costs.  If,  in  the  opinion  of 
the  court,  the  grounds  alleged  for  the  contest  are  insufficient  the  com- 
plaint shall  be  dismissed.  If  the  grounds  alleged  are  sufficient,  the 
court  shall  proceed  in  a  summary  manner  and  may  hear  evidence,  ex- 
amine the  returns,  recount  the  ballots  and  make  such  orders  and  enter 
such  decisions  as  the  facts  and  the  law  may  require.  The  judgment  of 
the  court  shall  be  final,  and  the  provisions  of  this  section  shall,  so  far 
as  applicable,  apply  to  contests  of  nominations  and  elections  by  pri- 
mary where  the  proposals  have  been  filed  with  the  secretary  of  state, 
and  contests  affecting  such  candidates  shall  be  brought  and  determined 
in  the  same  manner  by  the  supreme  court. 

§  154.  Penalty  for  Violation  of  This  Act]  Any  willful  violation 
of  any  of  the  provisions  of  this  Act,  or  failure  to  comply  therewith  by 
any  person  or  officer  herein  named,  and  not  otherwise  provided  for 
herein  shall  be  a  misdemeanor  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  over  $100.00  or  by  imprisonment  in  the  county  jail  for 
not  over  thirty  days  or  by  both  such  fine  and  imprisonment  in  the  dis- 
cretion of  the  court. 

§  155.  Penalty  for  Interference]  Any  person,  corporation,  or 
association  or  organization  which,  or  who,  shall  with  money,  or  any 
other  consideration,  procure  or  counsel  another  to  vote  for  or  against 
any  principles  or  candidates  at  primary  election,  or  who  attempts  to  do 
so,  shall  be  guilty  of  a  felony,  and  upon  conviction  thereof,  shall  be 
fined  for  each  offense  in  a  sum  not  to  exceed  $5,000  or  by  imprison- 
ment in  the  penitentiary  not  to  exceed  five  years,  or  both,  at  the  dis- 
cretion of  the  court. 

Article   12 

§  156.  Repeal]  All  Acts  and  parts  of  Acts  in  conflict  with  this 
Act  are  hereby  repealed. 

Article  13 

§  157.  Emergency]  There  being  no  adequate  law  in  this  state 
providing  for  the  nomination  of  party  principles,  candidates  for  elec- 
tive offices,  delegates  and  committeemen,  by  a  direct  primary  vote,  nor 
provision  how  to  determine  what  shall  constitute  an  official  party  en- 
dorsement to  appointive  offices,  or  orderly  respresentation  within  the 
party,  an  emergency  is  hereby  declared  to  exist  and  this  Act  shall  take 
effect  and  be  in  force  immediately  upon  its  passage  and  approval. 


2. 
AN  ACT  Entitled,  An  Act  to  Promote  the  Safety  of  the  General  Pub- 
lic and  the  Employes  of  the  Railroads  in  the  State  of  South  Da- 
kota by  Requiring  all  Railway  Corporations  or  Receivers  or  Less- 
ees Thereof  Operating  a  Line  of  Railroad  in  the  State  of  South 
Dakota  to  Equip  all  Locomotive  Engines  Used  in  Road  Service  in 
the  Night-time  With  Head  Lights  of  Not  Less  Than  1500  Candle 
Power  Measured  Without  the  Aid  of  a  Reflector  and  Providing  a 
Penalty  for  the  Violation  of  this  Act. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  It  shall  be  the  duty  of  every  railroad  corporation  or  receiver 
or  lessee  thereof  operating  any  line  of  railroad  in  the  state  of  South 
Dakota  to  equip  all  locomotives  being  operated  in  road  service  in  the 
state  of  South  Dakota,  in  the  night  time,  with  headlight  of  not  less 
than  1500  candle  power  measured  without  the  aid  of  a  reflector,  the 
same  to  be  kept  in  good  condition;  provided,  that  ten  per  cent  (10%) 
of  the  said  locomotives  shall  be  required  to  be  equipped  within  sixty 
days  after  the  passage  and  approval  of  this  act  and  an  additional  ten 
per  cent  (10%)  to  be  so  equipped  every  thirty  days  thereafter  until 
all  engines  operated  in  the  state  of  South  Dakota  in  the  night  time  in 
road  service  shall  be  equipped  according  to  the  provisions  of  this  act. 

§  2.  Any  railroad  corporation  or  receiver  or  lessee  thereof  oper- 
ating any  line  of  railroad  in  the  state  of  South  Dakota  which  shall 
violate  any  of  the  provisions  of  this  Act  shall  be  liable  to  the  state  of 
South  Dakota  for  a  penalty  of  not  less  than  one  hundred  dollars  ($100) 
or  more  than  one  thousand  dollars  ($1000)  for  each  offense  and  such 
penalty  shall  be  recovered  and  suits  therefor  brought  in  the  name 
of  the  state  of  South  Dakota  in  a  court  of  proper  jurisdiction  by  the  at- 
torney general  or  by  the  state's  attorney  of  any  county  in  or  through 
which  such  line  of  railway  may  be  operated. 

Approved  March  1,  1911. 


3. 
AN  ACT  Entitled,  An  Act  to  Repeal  Sections  10,  11  and  12  of  Chapter 

244  of  the  Session  Laws  of  1907,  Relating  to  the  Damages  for 

Trespass  of  Animals. 
Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  That  Sections  10,  11  and  12  of  Chapter  244  of  the  Session 
Laws  of  1907,  relating  to  the  damages  for  trespass  of  animals,  be  and 
the  same  are  hereby  repealed. 

Approved  March  4,  1911. 


37 


AN  ACT  Entitled,  An  Act  to  Amend  Sections  791  and  792  of  the  Re- 
vised Political  Code  of  1903,  Relating  to  the  Location  of  County 
Seats. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  That  section  791  of  the  Revised  Political  Code  of  1903  be 
amended  to  read  as  follows. 

Section  791.  Whenever  any  city,  town  or  place  desiring  to  become 
a  candidate  for  county  seat  shall  file  with  the  county  auditor,  signed 
by  not  less  than  fifteen  per  cent  of  the  voters  of  the  county  as  shown 
by  the  vote  for  governor  at  the  last  preceding  general  election,  and  if 
there  has  been  no  vote  for  governor,  then  said  petition  shall  be  signed 
by  not  less  than  fifteen  per  cent  of  the  votes  cast  at  the  election  held 
for  the  organization  of  the  county,  requesting  that  the  name  of  said 
city,  town  or  place  be  placed  upon  the  ballot  as  a  candidate  for  county 
seat,  the  board  of  county  commissioners  of  any  organized  county  in 
this  state,  in  which  the  county  seat  has  not  been  located  by  a  majority 
vote,  shall  submit  the  question  of  location  of  the  county  seat  to  the 
qualified  electors  of  the  county  at  said  primary  election. 

Provided  that  said  petition  shall  be  filed  with  the  county  auditor 
not  more  than  sixty  days,  nor  less  than  thirty  days  immediately  pre- 
ceding the  primary  election  held  according  to  law.  And  provided 
further  that  no  county  shall  submit  the  question  of  the  permanent  loca- 
tion of  its  county  seat  hereunder  unless  the  said  county  shall  have  been 
organized  for  four  years  or  more. 

Notice  of  the  submission  of  the  said  question  shall  be  included  in 
the  notice  published  by  the  county  auditor,  giving  notice  of  the  time 
and  place  of  holding  said  primary  election.  The  ballot  used  at  said 
election  shall  be  separate  from  the  ballots  cast  and  used  for  the  nomi- 
nation of  state,  county  and  other  officers,  and  shall  be  received  and  de- 
posited in  a  separate  ballot  box. 

The  auditor  shall  prepare  ballots,  which  shall  be  of  plain  white 
paper,  four  inches  wide  by  six  inches  long,  and  shall  hLve  printed 
thereon  the  words,  "candidate  for  permanent  county  seat,"  and  under 
which  shall  be  placed  the  names  of  such  places  petitioned  to  be  placed 
thereon  as  aforesaid.  In  front  of  each  name  so  placed  on  said  ballot 
shall  be  placed  a  square,  and  the  elector  shall  place  an  "X"  in  the 
square  in  front  of  the  place  of  his  choice. 

Such  ballot  shall  be  prepared  by  the  county  auditor  and  be  dis- 
tributed in  the  same  manner  as  the  official  and  sample  ballot,  as  pro- 
vided by  law.  The  votes  cast  shall  be  returned,  canvassed  and  certi- 
fied as  provided  by  law  for  the  return  of  votes  at  any  primary  election. 
The  two  places  receiving  the  highest  number  of  votes  cast  at  the  pri- 
mary shall  be  the  candidates  for  the  permanent  county  seat. 

§  2.  The  question  of  the  permanent  location  of  the  county  seat 
shall  be  again  submitted  to  the  qualified  electors  of  the  county  at  the 
general  election  following  said  primary  and  the  places  voted  for  shall 
be  limited  to  the  two  receiving  the  highest  number  of  votes  at  the  said 
primary  election,  and  no  other  place  shall  be  voted  for.  The  ballots 
to  be  used  at  such  election  shall  be  of  the  same  form  prescribed  in 
section  791.  The  votes  cast  at  said  election  shall  be  counted  and  re- 
turns thereof  made  and  canvassed  in  the  same  manner  as  now  provided 


-^ as 

by  law  for  the  counting,  returning  and  canvassing  the  votes  cast  at  any- 
general  election  as  provided  by  law,  and  upon  the  canvass  of  said  re- 
turns the  city,  town  or  place  receiving  a  majority  of  the  votes  cast  at 
the  election  shall  be  declared  the  permanent  county  seat  of  said  county. 

§   3.     All  Acts  or  parts  of  Acts  in  conflict  with  the  provisions  of 
this  Act  are  hereby  repealed. 
Approved  March  7,  1911. 

COUNTY  AUDITOR. 


NOTE — At  the  next  general  election  each  of  the  above  measures 
or  laws  will  appear  on  the  ballot  and  each  will  be  followed  by  the 
words:  "Shall  the  above  measure  or  law  (as  the  case  may  be)  be- 
come the  law  of  this  State?"  Immediately  to  the  left  of  which  will  be 
printed  the  words,  "Yes,"  "No,"  each  preceded  by  a  square  in  which 
the  elector  may  place  a  cross  within  such  square  to  indicate  his  vote. 
Each  elector  desiring  to  vote  "Yes,"  will  place  a  cross  within  the 
square  before  the  word  "Yes,"  and  those  desiring  to  vote  "No,"  will 
place  a  cross  within  the  square  before  the  word  "No." 


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